Marriage challenged in Texas constitution? Watch Video Read Comments
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By Nastassia Tamari
Wednesday, November 18, 2009 at 9:36 p.m.

Read more: Local, State, Politics, Community, Texas Constitutional Amendment, Same Sex Marriage, Gay Marriage, Chisum, Woodburn Watkins & Jackson

If you are married could your marriage actually not exist in the eyes of the law?  How's that for a rude awakening. A 2005 Texas constitutional amendment was designed to ban gay marriages, but now one democratic candidate running for attorney general says it actually dissolves all marriages.

Barbara Ann Radnofsky says it's because of a phrase in Subsection "B."  It says "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."

So we called Texas representative Warren Chisum, from Pampa, who was the author of that clause he says it clearly defines marriage as a union between a man and a woman, that her assessment is wrong.

"All it does it say that if people of the same sex want to create a contract that achieves some of the same things that are in a marriage, they can do that, but they cannot call it a marriage," said Chisum.

We also checked with a family attorney who agrees, and doesn't understand how she got to her interpretation of the law.  "I think that she's a democratic candidate in a primarily republican state, trying to gather some attention, because I don't read it like she does, nor does anyone else," said Mike Watkins, from Woodburn, Watkins & Jackson, L.L.P

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3 Comments on this Story
Comments are the sole responsibility of the person posting them; they are not reflective of the views or opinions of Barrington Broadcasting, KVII, its directors or employees. If you believe a comment violates the Barrington Terms of Use, please report it here.

true

Posted by mario lopez, amarillo - Tuesday, November 24, 2009 at 6:52 p.m.

If it were the right thing same sex would be able to reproduce. In time the human race would be gone, is that what everyone wants. I didn't think so

this is not an issue...

Posted by Not A. Lawyer, outside - Friday, November 20, 2009 at 12:14 p.m.

until someone who's looking at a messy divorce suddenly decides they're going to challenge the divorce decree by saying that they were never married.

or until an insurance company decides that they don't want to make a payout to someone's spouse and decides to say that they don't have to pay the spouse because marriage doesn't even exist in Texas.

But messy divorces and stingy insurance companies are VERY VERY rare, so don't worry about it.

THAT'S BECAUSE....

Posted by REAL CONSERVATIVES , WOULD AGREE - Thursday, November 19, 2009 at 9:05 a.m.

THE GOV'T HAS NO BUSINESS IN OUR BEDROOMS OR FAMILIES. GOVERNMENT HAS NO RIGHT TO TELL US AS AMERICANS WHO WE CAN OR CAN NOT MARRY. AND I REALLY WISH THAT MORE "REPUBLICANS" AND "CONSERVATIVES" WOULD REALIZE THAT BY DEFINITION OF OUR PARTY, WE SHOULD LIMIT THE REACH OF THE STATE!!!!!! AND FEDERAL GOVT! THESE DAYS, IT'S ONE IN THE SAME...

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