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Thread: Texas' gay marriage ban may have banned all marriages

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    Texas' gay marriage ban may have banned all marriages

    Texas' gay marriage ban may have banned all marriages | McClatchy

    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."
    Karma...such a beyotch.

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    Re: Texas' gay marriage ban may have banned all marriages

    Reading that language and saying that it "may" have banned all marriages is like reading "Section 1. All legislative powers herein granted shall be vested in a Congress of the United States" and saying it "may" require an orgy to pass legislation.

    There's absolutely no way to read that second provision in light of the first and conclude that it "may" have banned all marriages, unless of course, you're a candidate in a primary who is looking to stir up some headlines and raise name awareness.
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    Re: Texas' gay marriage ban may have banned all marriages

    Quote Originally Posted by RightinNYC View Post
    Reading that language and saying that it "may" have banned all marriages is like reading "Section 1. All legislative powers herein granted shall be vested in a Congress of the United States" and saying it "may" require an orgy to pass legislation.

    There's absolutely no way to read that second provision in light of the first and conclude that it "may" have banned all marriages, unless of course, you're a candidate in a primary who is looking to stir up some headlines and raise name awareness.

    That'd be some funny **** if it did turn out to be the case.

    Why is the argument bad? B/c the first part defines marriage? The article also mentions a district judge ruled the provision unconstitutional b/c it banned gay divorce. What's your opinion on that part of the article?

    I thought it was interesting that the Atty General would not comment on the charge that part B banned all marriages. The person would only assert that the ban was constitutional (I guess in reference to the district judge ruling?).

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    Re: Texas' gay marriage ban may have banned all marriages

    Quote Originally Posted by jackalope View Post
    That'd be some funny **** if it did turn out to be the case.

    Why is the argument bad? B/c the first part defines marriage?
    Two of the bedrock principles of statutory interpretation are

    1) Read the statute in light of the surrounding language, and
    2) Do not read the statute in a way that would render another statute a nullity unless it is clear that that was the intent.

    No judge, regardless of political persuasion, could read this statute and conclude that it actually bans marriage.

    The article also mentions a district judge ruled the provision unconstitutional b/c it banned gay divorce. What's your opinion on that part of the article?
    Seems a bit strange, but it could be a much better argument. It's probably also worth noting that she's a low level state trial judge who's running for reelection as a Democrat.

    I thought it was interesting that the Atty General would not comment on the charge that part B banned all marriages. The person would only assert that the ban was constitutional (I guess in reference to the district judge ruling?).
    Why would he comment further? I mean, it's a pretty ridiculous reading. If she wants to litigate it, she should. I get the feeling that she'd rather just campaign on it though.
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    Re: Texas' gay marriage ban may have banned all marriages

    hahahha, bad mental image.

    "Alright congress woman Snowe, we're ready to pass the health care legislation. Please come on over to our side of the isle. There's a coat rack you can place your clothes in and condoms in the basket to the left."

    C-Span would get FAR higher ratings.

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    Re: Texas' gay marriage ban may have banned all marriages

    Who cares? What business is it of the government's? When our forefathers got married, they just got married, with or without the government's blessing or certificate. The government, in its love of regulation, just got too big for its britches.

    If I had to do it all over again, I would marry my wife again, but there would be a difference. I would give the government a big, fat middle finger.
    The ghost of Jack Kevorkian for President's Physician: 2016

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    Re: Texas' gay marriage ban may have banned all marriages

    Quote Originally Posted by Zyphlin View Post
    hahahha, bad mental image.

    "Alright congress woman Snowe, we're ready to pass the health care legislation. Please come on over to our side of the isle. There's a coat rack you can place your clothes in and condoms in the basket to the left."

    C-Span would get FAR higher ratings.

    wha ..... okay, Zyph, whatchoosmokin?

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    Re: Texas' gay marriage ban may have banned all marriages

    Quote Originally Posted by Catz Part Deux View Post
    "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage"

    Sounds good to me. Marriage should be a private issue. I don't see why we need permission of the state for a couple to declare themselves married, regardless of their sexuality. I wish the left had campaigned to keep the state completely out of marriage instead of just creating more legislation through gay marriage.

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    Re: Texas' gay marriage ban may have banned all marriages

    Quote Originally Posted by RightinNYC View Post
    Reading that language and saying that it "may" have banned all marriages is like reading "Section 1. All legislative powers herein granted shall be vested in a Congress of the United States" and saying it "may" require an orgy to pass legislation.
    Hey... that might be right. That would sure be a lot more wholesome and decent than bullying and deceiving people into stupid wars, for example.
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    Re: Texas' gay marriage ban may have banned all marriages

    Quote Originally Posted by Zyphlin View Post
    hahahha, bad mental image.

    "Alright congress woman Snowe, we're ready to pass the health care legislation. Please come on over to our side of the isle. There's a coat rack you can place your clothes in and condoms in the basket to the left."

    C-Span would get FAR higher ratings.
    I hope we'll get a chance to see this one get loads of action:

    Gabrielle Giffords aka the Desert Rose: Representative 8th District Arizona



    How about some interracial girl on girl with Cynthia McKinney... whoa. Hopefully retired congresswomen can participate!

    Oh yeah, the men... I'm generous so I'll let you pick those out for the next Congressional orgy.
    Last edited by Sov; 11-19-09 at 05:53 PM.
    Pan-Humanist Movement
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