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 }
Looking for litigation in all the wrong places.
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
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.
An idiot lawyer……. roflmao….. get ready for the challenges..
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.
The poor wording of the amendment is far from new news. This is from a 2005 article.
[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.
Did she discover this “flaw” as she was doing her homework one night, or is this an “agenda” item?
Holy sh*t, we got them there judges in Texas too???
Phew finally a case where the voice of the people triumphs.
Don’t you love freedom, bob?
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.
#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
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?
#11;
Ya don’t want to know.
Good grief Chalrie Brown.
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