Gay marriage ban struck down in Georgia

A federal Fulton County Superior Court judge has tossed out a statewide ban on same-sex marriage in Georgia. The ruling, made on procedural grounds, holds that the two-year-old law violated a state constitutional requirement limiting ballot questions to only one subject.

Opponents argued that the amendment was flawed because it addressed issues other than gay marriage, including civil unions and the power of Georgia courts to rule on disputes arising from same-sex relationships.

"People who believe marriages between men and women should have a unique and privileged place in our society may also believe that same-sex relationships should have some place although not marriage," Russell wrote. "The single-subject rule protects the right of those people to hold both views and reflect both judgments by their vote."

"It's a victory for voters," said Jack Senterfitt, who challenged the amendment on behalf of the gay rights group Lambda Legal. "It protects the right of voters to make independent decisions on each independent issue."

Gov. Sonny Perdue said he was disappointed by the decision and that he was still weighing his options. His spokesman Dan McLagan would not say if that included calling a special session.

In familiar fashion, Purdue went on to the lament the fact that "one judge" had the temerity to ignore the will of the good people of Georgia in striking down the law. Never mind that the law was unconstitutional. I guess the governor can't be bothered about such details when there's homos need persecutin'.

UPDATE

Purdue decides to appeal and will attempt a legislative restoration of the marriage ban:

Georgia will appeal a judge's ruling that struck down its voter-approved ban on gay marriage, and the governor said Wednesday he will call a special legislative session if the state Supreme Court doesn't rule on the issue soon.

"I think the people spoke overwhelmingly. I think the people of Georgia knew exactly what they were voting for," Republican Gov. Sonny Perdue said.

The constitutional amendment banning same-sex marriage was approved by 76 percent of the state's voters in November 2004. On Tuesday, however, Fulton County Superior Court Judge Constance C. Russell ruled the measure violated the Georgia Constitution's single-subject rules for ballot questions.

The ballot measure addressed issues other than gay marriage, including civil unions and the power of Georgia courts to rule on disputes arising from same-sex relationships.

Perdue said he would call a special session of the Legislature to propose another constitutional amendment to ban same-sex marriage if the high court did not rule by Aug. 7. The deadline for the measure to be printed on ballots for the November general election would be Aug. 14, he said.

A special session could cost taxpayers between $30,000 and $40,000 a day and could last at least a week.

Keeping the gays down is worth any price, apparently.