Ga. Ban on Gay Marriages Tossed
A Superior Court judge has struck down Georgia's constitutional ban on same-sex marriage.
Judge Constance Russell of Fulton County said the ballot measure that was overwhelmingly approved by voters in 2004 violated an amendment provision in the state's consitution.
Gay marriage and civil unions already were illegal in Georgia before the amendment. But supporters said adding that language to the state constitution would better protect the state from a future court challenge.
Gay-rights supporters say the amendment was unconstitutionally misleading. Language on the ballot only dealt with gay marriage, while the actual amendment also addressed civil unions and refusing to recognize same-sex marriages from other states.
Russell said in today's order that although the amendment enjoyed popular support "the test of law is not is popularity." The judge said safeguards such as the single-subject rule for an amendment vote preserve liberties because "they ensure that the actions of government are constrained by the rule of law."
Thanks to arie for calling me to tell me about this!!