According to Barbara Ann Radnofsky they are. The Houston lawyer and Democratic candidate for attorney general is creating controversy in cattle country by pointing to a 22-word clause in the 2005 constitutional amendment which banned gay marriage in the state and claiming that it actually invalidates heterosexual marriages as well.
"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.'"
Oops.
"You do not have to have a fancy law degree to read
this and understand what it plainly says," said Radnofsky, who blames the state's current attorney general, Republican Greg Abbott, for the error. Radnofsky is demanding Abbott acknowledge the issue and apologize, and is calling for another constitutional amendment to fix the problem.
Abbott stands by the amendment and Kelly Shackelford, president of the Liberty Legal Institute in Plano says, "it’s a silly argument." He adds that any lawsuit attacking the amendment based on the 22-word clause would have "about one chance in a trillion" of winning in court.
Still, Radnofsky isn't backing down. "This breeds unneeded arguments, lawsuits and expense which could
have been avoided by good lawyering," she said. "Yes, I believe
the clear language of B bans all marriages, and this is indeed a huge
mistake. Whoever vetted the language in B must have been asleep at the wheel."
Gay marriage -- and divorce -- were hot topics last month in Texas when Dallas District Judge Tena Callahan ruled that the state's same-sex-marriage
ban is unconstitutional because it makes gay divorce impossible. Predictably, Abbott is appealing the ruling, which came as the result of a divorce petition involving two men who were married in Massachusetts in 2006.
Like Scott Heim, author of Mysterious Skin, among other books, we're still feeling distraught about the popular vote that repealed gay marriage in Maine on Tuesday. But we're not giving up, and Scott's suggestion that we dedicate David Bowie's "Boys Keep Swinging" to the 53 percent of the state that voted to take away our rights in Maine is just what we needed to hear this morning. Watch out, bigots -- you may have won a battle but we'll keep on swinging until we've won the war.
For continuing coverage of the gay marriage issue in Maine, visit Advocate.com.
Yesterday voters repealed a state law passed in May that legalized gay marriage in Maine. With 53 percent opposed to the law, Maine now has the dubious honor of joining 30 other states in which gay marriage has lost when put to a popular vote. As the news broke early this morning, acclaimed playwright Tony Kushner offered this exclusive comment to Out:
The news from Maine doesn’t make me depressed, but it does make me angry. I’m angry that bigots, cretins and theocrats get to vote on whether or not their fellow citizens are entitled to equality under the law. Our basic right to equal treatment is guaranteed by the US Constitution and should not be subject to state referendums. I’m angry that the Catholic Church and the Mormons, tax exempt under the increasingly laughable pretext that they have something to do with God, pump millions upon millions of dollars into this wicked campaign to promote bigotry and perpetuate human suffering, while supporters of LGBT equality pay taxes for the privilege of continuing to be not-fully enfranchised sub-citizens. I’m very angry that we’re being forced to fight for equality on a state-by-state basis. We are American citizens and we are entitled to 14th Amendment protection in every aspect of our lives, in every state in the union. I have no doubt whatsoever that LGBT people will soon accomplish this, but I’m angry at the setbacks, of course, in Maine, in California, which do nothing but hurt real human beings and gain no one anything that any sane human being could possibly want. And I guess I should add that I’m angry at the LGBT community’s lack of effective national political leadership, our lack of a coordinated national strategy, but there are signs that maybe this is beginning to change. And I guess I should add that I’m angry at myself: I didn’t send money or help out in Maine, so who have I got to be angry at, really, other than myself? On the other hand: 47% for marriage equality is a number that should hearten us and dishearten the bigots, cretins and theocrats. So let’s get back to work.
For all the latest news on the gay marriage repeal in Maine, visit Advocate.com.
As we continue to roll out the honorees from our 2009 "School Days"–themed Out 100 -- the latest in our annual look at the 100 gay, lesbian, and trans people who have made an impact in their communities and in mainstream culture -- today we present James Neiley, who we voted "Most Fearless."
What began as a volunteer position at the queer youth center and advocacy organization Outright Vermont during high school quickly became a crash course -- and burgeoning career -- in activism for Neiley. In March the 17-year-old was tapped to deliver a speech in front of state legislators who would decide the fate of gay marriage. His impassioned plea went viral on the Internet and, three weeks later, Vermont became the fourth state to give gay nuptials the green light.
We'll continue to roll out more honorees in the coming days leading up to the full reveal of the 2009 Out 100 portfolio, shot by renowned photographer Jason Bell, in mid-November.
"I joined the Church of Scientology thirty-five years ago. During my
twenties and early thirties I studied and received a great deal of
counseling. While I have not been an active member for many years, I
found much of what I learned to be very helpful, and I still apply it
in my daily life. I have never pretended to be the best Scientologist,
but I openly and vigorously defended the church whenever it was
criticized, as I railed against the kind of intolerance that I believed
was directed against it. I had my disagreements, but I dealt with them
internally. I saw the organization -- with all its warts, growing pains
and problems -- as an underdog. And I have always had a thing for
underdogs.
But I reached a point several weeks ago where I no longer knew what
to think. You had allowed our name to be allied with the worst elements
of the Christian Right. In order to contain a potential "PR flap" you
allowed our sponsorship of Proposition 8 to stand. Despite all the
church's words about promoting freedom and human rights, its name is
now in the public record alongside those who promote bigotry and
intolerance, homophobia and fear.
The church's refusal to denounce the actions of these bigots,
hypocrites and homophobes is cowardly. I can think of no other word.
Silence is consent, Tommy. I refuse to consent."
86-year-old Republican WWII vet Phillip Spooner spoke before the Maine legislature last April in hopes of seeing the state legalize gay marriage. If his speech -- in which he states that he raised his four songs, three straight and one gay who all also served in the military, to be "hardworking, patriotic Americans" and recalls the time a woman at his polling place asked him if he believed in equality for gays and lesbians and he answered "What do you think I fought for in Omaha Beach?" -- doesn't make you tear up, check to make sure your heart is still beating:
In May, Maine became the fifth U.S. state to legalize marriage. A referendum on the November 3 ballot will decide if marriage will stand in the state. Statistician Nate Silver currently sees the chances of gay marriage remaining legal at 5:2, but he emphasizes that it's voter turnout that will decide our fate. So if you're reading this, and you live in Maine, get your ass to the polls on November 3.
Spencer Grammer (left) and Amber Stevens, stars of the ABC Family series Greek, just joined the ranks of celebrities who have lent their mugs to the NO H8 Campaign. The photo series, which already features portraits of Kathy Griffin, Ashlee Simpson, Debi Mazar, Lisa Ling, Fran Drescher, and more, was created by photographer Adam Bouska and his partner Jeff Barshley in response to the passage of proposition 8 last November. The eventual plan is to compile the photos for billboard campaigns and magazines spreads to raise awareness and money to repeal prop 8.
The ABC Family hit series Greek, airs Mondays at 9:00 – 10:00 PM ET/PT.
Always wanted to get advice from a celebrity wedding planner but didn't have the hook up or the dough to make it happen? Here's your chance! David Tutera, star of WE TV's My Fair Wedding, shares five tips for making your wedding day beautiful, memorable, and stress free:
1. Your Story Not everyone at your wedding will know the story behind your relationship; How did you meet? Where? Who pursued whom? That story is the basis for which your wedding day is formed and it will make everyone feel more "in-the-know" and close to you if they understand it, and the true love between you. You can incorporate this in many ways, from an inclusion in the invitation, to the program, to a speech by you or anyone in your bridal party. Framed images of your past together is a great option and can make for budget-friendly cocktail table décor!
2. Your Personality As a couple are your personalities fun-loving? Laid-back? And how about your style -- are you traditional, modern, eclectic or organic? The best, most meaningful weddings are those that are infused the couples personality and style. Let these characteristics be your guide for décor, formality of the ceremonies, menu and so on.
3. Specialty Cocktail The specialty cocktail is a perfect way to add in a touch of this personality. This could be inspired by a drink you shared on a significant date, a country you visited together or even the flavor or color itself. Give this a name and print that name in decorative frames at the bar or even on cocktail napkins. The favor is another opportunity to share your personality, so steer clear of candles and chocolates and give away something meaningful to you as a couple -- custom aprons or a specialty cookie cutter for a shared passion for cooking maybe?
4. Involve Your Family Since your marriage is also about the unity of your families as well as you as a couple, remember to include them in your day. Special reserved seating, personal messages on your programs, or meaningful speeches and dances throughout the night are all ways this can be achieved.
5. Remember the Point of the Day In the hustle and bustle of any wedding, it is easy to get caught up in the details and drama of planning and décor. This can be lead to stress and frustration...and potentially even fights between the couple or the two families. Keep in mind that the true meaning of the day goes well beyond the color of your linens. Keeping sight of that fact that you will now have a partner forever should shed light on what really matter.
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