Atty General Candidate: Validity of All Texas Marriages Uncertain

A 2005 amendment banning same-sex marriage in the Texas may have inadvertently banned all marriages, says Houston attorney Barbara Ann Radnofsky, a candidate for attorney general.

The Fort Worth Star-Telegram reports:

"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."

Radnofsky made the claim as she began a statewide tour to kick off her campaign and called on the current attorney general, Greg Abbott, to "acknowledge the wording as an error and consider an apology." She says the error "opens the door to legal claims involving spousal rights, insurance claims, inheritance and a host other marriage-related issues."

In October, Dallas state District Judge Tena Callahan ruled that despite the constitutional amendment put in place by voters and the Texas Family Code, which prohibits same-sex marriage or civil unions, a gay couple can divorce in the state and the state prohibition of same-sex marriage violates the federal constitutional right to equal protection. The ruling effectively cleared the way for a challenge to the ban.

Fort Worth City Council Meeting Sees Protests, Expansion of Anti-Discrimination Ordinance to Cover Transgender People

(image dallas voice)

Protests outside the Fort Worth City Council meeting last night were heated and vocal, with members of the group Queer LiberAction clashing with anti-gay Christians. In the photo above, Queer LiberAction's Rick Vanderslice argues with an anti-gay demonstrator. The Dallas Voice notes: "At one point, Vanderslice attempted to kiss the man."

The Fort Worth City Council later voted 6-3 to expand its anti-discrimination ordinance to cover transgender people. It already covers people on the basis of their sexual orientation.

The Star-Telegram reports:

"A lot of the debate, though, centered on broader proposals, some of which the council has already tacitly approved. City staffers will be trained on dealing with the lesbian, gay, bisexual and transgender community, and the Police Department has appointed a liaison to the community.Other recommendations will require further study, including offering domestic-partner benefits and expanding the city health insurance plan to cover gender reassignment procedures, including sex changes. More than 200 people packed the council chambers, lining the walls and spilling into overflow rooms. 'We believe, as you do, that we should respect each other,' said Jon Nelson of Fairness Fort Worth. 'The foundation of these recommendations isn’t preferential treatment, it’s equal treatment.' Three transgender people — two transsexual women and a cross-dressing man — were among those who spoke in favor of the ordinance."

Videos here and here.

Showdown in Fort Worth as Task Force LGBT Recommendations Come Up for Vote; Rally Planned

A rally is planned for 5pm this evening outside Fort Worth City Hall as recommendations by a Diversity Task Force undertaken after the Rainbow Lounge Raid in July come up for a vote at City Council.

The task force recommends Fort Worth amend the city’s insurance policy in order to implement diversity training for city officials and law enforcement officers and extend the city’s nondiscrimination ordinance to include gender expression. The recommendations also include extending domestic partner benefits, shared pensions and family leave for gay and lesbian city employees, including a company’s record on domestic partner benefits when considering city tax breaks, including sex-change surgery in city health insurance coverage, posting nondiscrimination language on job notices, including a letter to police recruits, the establishment of support groups for gay, lesbian, bisexual and transgender employees, educational fairs and public events to increase awareness of the city’s anti-discrimination ordinance, and a push for state and federal anti-discrimination laws.

The conservative religious community is, not surprisingly, opposing the recommendations. On Sunday evening the activist group Queer LiberAction was scheduled to host a “Milk Box” in Fort Worth, and were run off in fear of violence by a Christian group that formed and took over the corner.

Watch the 'Milk Box' incident, AFTER THE JUMP...

Fort Worth Officers Receive Inadequate Suspensions for Gay Bar Raid

 

At a press conference yesterday, Fort Worth police chief Jeff Halstead announced that a chapter was being closed in discussing investigations related to the June raid on the Rainbow Lounge:

"Speaking at a news conference across from the bar, chief Jeffrey Halstead acknowledged officers were overaggressive, creating an atmosphere of 'fear and confusion' in the bar. But he said none crossed the line in how they handled people or went into the bar because of its clientele. 'It was very clear from this inquiry that there was no malice or ill will on the part of any officers who entered the Rainbow Lounge,' he said."

In August, the Texas Alcoholic Beverage Commission fired three agents for their participation in the raid. Halstead's discipline to the Fort Worth force can only be described as insulting to those targeted in the raid:

The Dallas Morning News:

Suspended for a variety of policy violations were Fort Worth police Sgt. R.M. Morris, and Officers K.Q. Gober and J.M. Back.

• Morris, who joined the force in 1995, received a one-day suspension for "poor judgment" in the way he conducted the bar check on the Rainbow Lounge. "The decision to utilize a total of nine law enforcement officers to check a newly established club was excessive," his suspension letter states. The investigation also found that he failed to follow procedures, such as checking liquor licenses or other permits.

• Gober, a nearly three-year veteran, received a one-day suspension after he arrested two bar patrons for public intoxication but failed to complete his police reports by the end of his shift. "This negative media attention could have been averted had Officer Gober completed the required offense report," his suspension letter states.

• Back, a nine-year veteran, received a three-day suspension after he arrested a bar patron for having a "drunk look," which does not meet requirements for a public intoxication arrest. Back released the patron to a friend after learning the friend was Fort Worth police employee. Back violated department policy by not issuing a citation to the patron before releasing him. "Officer Back’s conduct in releasing the patron gave the appearance of favoritism and that he did not have sufficient cause to arrest the person," his suspension letter states.

Watch Halstead's press conference, AFTER THE JUMP...

News: Venezuela, Kay Bailey Hutchison, Chapel Hill, Mormons

Marriage Equality New York holding rally tonight to protest anti-gay vote in Maine: "Please join us at a rally on Nov 4th in Union Square on 14th Street side at 5:30pm urging the NYS Senate to vote and in response to the votes on marriage equality across the United States."

50 Cent is a power ______.

Venezuelan police harassing and arresting LGBT citizens: "Like most of those arrested, our identity documents and mobile phones were taken away, we were beaten, our sexual orientation was insulted in degrading language, and we were refused permission to speak to the Justice Ministry officials and members of the National Guard who were present."

Mark Kleinschmidt becomes openly gay mayor of Chapel Hill, North Carolina.

Just Jared interviews Glee's Mark Salling.

Author details how Tom Cruise personally audited him for Scientology: "You tell the ashtray, 'Sit in that chair.' Then you actually go over and put the ashtray on the chair. Then you tell the ashtray, 'Thank you.' Then you do the same thing with the bottle, and the book. And you do this for hours and hours."

Fort Worth, Texas task force makes recommendations on expansion of gay rights in the city: "Jon Nelson, an attorney and chairman of the task force, called the recommendations 'one of the most far-reaching actions this city has taken, in the shortest amount of time.'"

Louisiana Justice of the Peace Keith Bardwell, who refused to marry an interracial couple, has resigned.

Female Spectacled Bears suddenly go bald in Leipzig.

Carrie Prejean - Miss California USA settlement details revealed: "We've learned the Pageant will fork over around $100,000 for Carrie's lawyers and publicists connected with the public battle royale. That money goes directly to her flacks and not into her bank account. We're told Carrie personally gets zilch. What Carrie walks away with: Her book comes out on Monday and we're told the Pageant won't fight her for writing it without its permission."

Sean Penn's son arrested at school.

Blu Dot tracks NYC abandoned chairs in "curb-mining" experiment.

Foundation for Reconciliation to deliver 2,000 signatures to Mormon leaders: "About 50 people are expected to deliver the petition to the offices of The Church of Jesus Christ of Latter-day Saints on Wednesday. Organizer Cheryl Nunn of Santa Cruz, Calif., says the petition is a reaction to the Salt Lake City-based church's support for Proposition 8, a 2008 ballot initiative that banned gay marriage in California."

Brad Pitt dresses up his beard with beads.

Facebook: the movie?

Seattle gay rights pioneer Paul Barwick reflects on applying for a marriage license in King County, Washington in 1971: We knew they weren't going to give us one, but damn it, they were going to have to tell us no to escort us out the door."

Early marriage equality advocates?

Gay Annapolis alderman candidate to file complaint over gay 'child molester' smears.

Dallas Morning News corrects article labeling OUT and The advocate "alternative lifestyle magazines."

Senator Kay Bailey Hutchison recommends gay man as U.S. Attorney: "Some Republicans are vehemently and unapologetically not ready for that. That could make it even harder for Hutchison to woo social conservatives in her bid to outflank and oust Gov. Rick Perry in March. "

Cyndi Lauper and Lady Gaga to hawk MAC lipstick for AIDS fund: "MAC Viva Glam Gaga Lipstick and Viva Glam Cyndi Lipstick, $14 each, will launch in North America on March 18 and globally throughout the month, with 100 percent of the proceeds being donated to the MAC AIDS Fund."

Lesbian Annise Parker Hopes to Be Mayor of Houston

Note: Political director Corey Johnson and I will be live-blogging election results tomorrow evening here on the site. Please join us.

CNN's The Situation Room looks at the Houston mayoral race, where open lesbian Annise Parker is in such an extremely tight race that no candidate is expected to get a majority tomorrow, putting contenders in a run-off in December.

Parker would be the nation's first openly gay female mayor of a major city. Watch,
AFTER THE JUMP...