Whoops: Did Texas Ban All Marriages?

Conservatives can sleep soundly knowing the fight for gay marriage is not returning to Texas shores—at least not entirely. The only Democratic candidate for Texas Attorney General, Barbara Radnofsky, says Texans were so eager to ban gay marriages in 2005 that they banned marriages altogether. Don't understand how? Well, it seems that Subsection B of that constitutional amendment states:

“This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”

A spokesperson for current Attorney General Greg Abbott says there is no problem with the law as written, and that it only bans legal forms of same sex relationships but did not specify the implications for straight civil unions or common law marriages.

Radnofsky says the wording opens the door to frivolous lawsuits involving spousal rights, insurance claims, inheritance, and other marriage-related issues. She blames Abbott for the oversight and has demanded he acknowledge the error. If, as Radnofsky suggests, another amendment is required to fix the error, could it possibly acknowledge the recent developments in gay divorce? (Although the real question here seems to be whether Radnofsky has presented this dilemma in an effort to promote equality in Texas, or merely as a way to criticize Abbott and increase awareness of her candidacy.)