Georgia Court Rules in Favor of Anti-Gay Marriage Ballot
The Georgia Supreme Court today upheld an anti-gay marriage ballot provision, despite opponents' contention that the ballot question was both misleading and violative of the state's single-subject rule because it pertains to issues such as civil unions and court jurisdiction as well as marriages without disclosing this breadth on the ballot. According to the Atlanta Journal-Constitution, the court relied on procedural precedent in making their decision. "The ruling, written by Justice George Carley, said that while the amendment 'can be challenged in the event it is 'enacted' by virtue of approval of the voters,' the judiciary cannot block the amendment until it is enacted by the Legislature and then approved by the voters." While polling shows a majority of Georgia voters support the amendment, opponents remain optimistic. Jack Senterfitt, a Lambda Legal attorney working on the case, said "The majority did not reject our arguments on the merits. No court has ruled that this proposed amendment would pass constitutional muster. No court has ruled that it does not violate the single-subject rule, and no court has ruled that the ballot language is not misleading."