Marriage in Texas May Not Be Legal

10:52 am

A wedding ring rests on a Bible. Image courtesy of dannotti.

A wedding ring rests on a Bible. Image courtesy of dannotti.

The Dallas Star Telegram published an interesting article yesterday about the state of marriage in the state of Texas. The article explains that Barbara Ann Radnofsky, Democratic candidate for attorney general, has found a constitutional amendment that could cause problems for all marriages in the state.

The amendment in question states that “marriage in this state shall consist only of the union of one man and one woman.” It then goes on to Subsection B to say, “this state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.” This statement is obviously missing some key words if it is meant to ban only gay marriage. Instead, marriage in general cannot be legally recognized in the state.

Radnofsky goes on to blame current attorney general, Greg Abbott. However, that seems to be more of a political issue than this blog can get in to. If you want to know more about that, check out the article. Instead, we’ll stick to the legal side of things.

The amendment has been in effect since 2005, yet people have been getting married in Texas for the last 4 years anyway. Obviously, the wording has not had an effect on that. However, Radnofsky argues that it could become an issue. With the knowledge that marriages are invalid in the state, issues of spousal support and rights, inheritance, insurance claims and other such problems could take an interesting turn.

Currently, most of these issues are settled with the help of a divorce attorney. If the amendment becomes an issue, all of that could change.

Radnofsky thinks that a new amendment may be necessary to undo the mistakes of the original. I’m interested to hear what you think. Does anyone have more information on the topic? Are Radnofsky’s claims founded or is it just another part of her campaign for attorney general?

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