Democrat Radnofsky accuses millions of unwed fornication

by David Benzion on 11/19/2009

I don’t know who the general consultant is on Democratic candidate for Texas Attorney General Barbara Radnofsky’s campaign, but they’ve got quite a gig, presumably getting paid genuine cash dollar bills to advise their client that the secret to getting elected is to tell 76% of the voting public that they are too stupid to read.

Texans: Are you really married?

Maybe not.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.

The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that “marriage in this state shall consist only of the union of one man and one woman.” But the troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares:

“This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”

Architects of the amendment included the clause to ban same-sex civil unions and domestic partnerships. But Radnofsky, who was a member of the powerhouse Vinson & Elkins law firm in Houston for 27 years until retiring in 2006, says the wording of Subsection B effectively “eliminates marriage in Texas,” including common-law marriages.

Uh huh.

Radnofsky acknowledged that the clause is not likely to result in an overnight dismantling of marriages in Texas. But she said the wording opens the door to legal claims involving spousal rights, insurance claims, inheritance and a host other marriage-related issues.

“This breeds unneeded arguments, lawsuits and expense which could have been avoided by good lawyering,” Radnofsky said. “Yes, I believe the clear language of B bans all marriages, and this is indeed a huge mistake.”

So according to Barbara Radnofsky, if there is the slightest possibility that a jackass lawyer somewhere might advance a legal claim completely devoid of common sense, they are to be deferred to and given an “idiot’s veto” over the life of our state.

Reason alone to not let this woman anywhere near the AG’s office.

{ 13 comments }

1 Royko 11/19/2009 at 10:41 am

Looking for litigation in all the wrong places.

2 Ken-K 11/19/2009 at 11:24 am

Agreed, that this woman needs to be kept out of the AG’s office.
That said, if the subject Subsection B reads as presented here, then she raises a valid point.

– Ken

3 Ghost Rider 11/19/2009 at 11:38 am

I don’t like Radnofsky at all, but I think you miss part of the point. Even without BR in the AG’s office, she is giving us fair notice that this can be a problem. We should thank her for the warning … and make sure she is never, ever allowed in the AG’s office, or any other for that matter. The smart thing would be to reword the constitutional amendment to avoid the problem she points out, before some legal idiots do start taking this to court.

4 american woman 11/19/2009 at 11:46 am

An idiot lawyer……. roflmao….. get ready for the challenges..

5 Darren 11/19/2009 at 12:07 pm

Reason alone to not let this woman anywhere near the AG’s office.

Didn’t stop Holden. By preventing Radnofsky from the Ag office will be just another way to show Texas isn’t Obama.

6 bob42 11/19/2009 at 12:23 pm

The poor wording of the amendment is far from new news. This is from a 2005 article.

On the other side , the Save Texas Marriage web site quotes various legal authorities in support of Scalia’s viewpoint, with Nathan Hecht (”Conservative Republican Texas Supreme Court Justice”) explaining that “when you’re construing the Constitution of statue, you’re stuck with what’s there”, and Greg Abbott (”Republican Texas Supreme Court Justice and current Attorney General of Texas”) saying that “when interpreting our state Constitution, we rely heavily on its literal text and are to give effect to its plain language”.

I suppose that this will be a matter for the Texas Supreme Court, not the Supreme Court of the United State, so we may never find out what Justice Scalia thinks about it. Still, it will be interesting to see if the Texas Supreme Court makes intentionalist arguments in interpreting the amendment.

Two things are plainly evident to me. Abbott recognized the poor wording of the amendment before it was passed, and the only reason this is new news today is because Radnofsky is running for AG.

btw David, your lede is also misleading. Radnofsky has called no one a “fornicator.”

7 bob42 11/19/2009 at 12:25 pm

[Yes, I miss the preview button. The last two paragraphs are my words, not quotes.]

The amendment has already be ruled unconstitutional (on other grounds) by a DFW area judge. Abbott is appealing of course, and given the makeup of the appeals courts in Texas, the amendment will likely stand.

8 El Gordo 11/19/2009 at 1:34 pm

Did she discover this “flaw” as she was doing her homework one night, or is this an “agenda” item?

9 Darren 11/19/2009 at 1:46 pm

The amendment has already be ruled unconstitutional (on other grounds) by a DFW area judge.

Holy sh*t, we got them there judges in Texas too???

the amendment will likely stand.

Phew finally a case where the voice of the people triumphs.

Don’t you love freedom, bob?

10 texanadian 11/19/2009 at 1:50 pm

I am curious, hopeful, if marriage is outlawed or disallowed would that effect marriages from other states/countries if you live in Texas? I would be married in Alberta but not Texas, hmmmm, this could be better than the Bill Clinton defense. Not mention a boon for tourism.
8)

11 bob42 11/19/2009 at 2:44 pm

#10 Tex, that happens to be the exact basis for the ruling that the amendment was unconstitutional. It is a divorce case involving a same sex couple who were married in MA, but have been living in Texas for quite some time. It has something to do with full faith and credit.

#9 Darren

Don’t you love freedom, bob?

Yes, I do.

I also recognize the difference between freedom enabled by a government with constitutionally limited powers, and raw mob rule that accords to the government virtually unlimited authority and control. However, that is off topic, as is the ease of which the Texas constitution is amended and the various and nefarious reasons that it is.

What’s interesting about this post is that both Abbott and Radnofsky were aware of the very poor wording of the amendment before it came to a vote, but now, since they are opponents a republican mouthpiece is trying to make a big deal about something they actually agree on.

How silly can you get?

12 Darren 11/19/2009 at 3:05 pm

#11;

How silly can you get?

Ya don’t want to know.

13 Adee 11/19/2009 at 7:02 pm

Good grief Chalrie Brown.

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