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Georgia judge strikes down same-sex marriage ban

Sweet. I could use some good news.

The ruling by Fulton County Superior Court Judge Constance C. Russell had been eagerly awaited by gay-rights supporters who filed the court challenge in November 2004, soon after the constitutional ban was approved.

Russell said the state's voters must first decide whether same-sex relationships should have any legal status before they can be asked to decide whether same-sex marriages should be banned.

"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," she wrote. "The single-subject rule protects the right of those people to hold both views and reflect both judgments by their vote."

Well...it’s something I guess.

Posted by Jessica - May 17, 2006, at 09:56AM | in Law , News , Queer Issues

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6 Comments

Baby steps, I guess. I live in Georgia, and I almost wet myself when I saw this on the news last night. Mind you, it was only struck down because the wording on the ballot was misleading, not because Georgians really believe there should be gay marriage. But it's something...

[0+]  Fitz said:

This is a lower court ruling, and is almost certain to get overturned. Its not that the language is misleading, (it’s rather clear) such decisions get made before a proposal is accepted for the ballot. No: the ruling rests on a rule that a ballot proposal must not include more than a single issue for the voters. The single issue in this case would be the protection of the institution of marriage. Its clear that the voters wanted to eliminate the possibility of counterfeit language being deployed for essentially the same purpose. They weren’t defending a word, they were defending an institution. Think of other constitutional amendments and you realize how ridiculously long they would have to be in order to encompass every possibility. Generally they have far reaching effect under a single issue…such as marriage.

It was misleading in the sense that the average Georgian voted thinking they were voting solely to ban gay marriage, which wasn't the case. But you can't expect the average Georgian to figure these things out.

[0+]  Pat said:

But you can't expect the average Georgian to figure these things out.

Why's that?

[0+]  prairielily said:

Because liberal Georgians look down on the less liberal ones.

Personally, I would say that you can't expect the average person to realise such things, since the average person doesn't watch the news constantly and pick apart everything the government tells him or her.

It was misleading in the sense that the average Georgian voted thinking they were voting solely to ban gay marriage, which wasn't the case.free online games

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