In 2005, the state of Texas adopted an amendment to its Constitution that said marriage in the state could only be between one man and one woman. The amendment also declared: “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.” Now, Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, is saying that the second section effectively “eliminates marriage in Texas”.
Obviously, the second part of the amendment was an attempt to ban same-sex civil unions and domestic partnerships. But if you believe in strict interpretation of the original text of the law (as conservatives do), then that language clearly bans common law marriage, and — at least arguably — bans regular marriages as well.