A state judge in
Georgia has struck down a constitutional amendment
banning same-sex marriage approved by voters in November
2004, saying the measure violated the state
constitution's procedural requirements, which exist to
prevent voter confusion and protect the constitutional
process.
The trial court
ruling, which came on Tuesday, is in response to a
lawsuit filed by Lambda Legal, the ACLU of Georgia, and law
firm Alston and Bird on behalf of a group of voters,
legislators, and faith leaders. The state is expected
to appeal the ruling, which will go directly to the
Georgia supreme court.
"This court is
well aware that Amendment One enjoyed great public
support," Judge Constance C. Russell wrote in her ruling.
"However, the test of law is not its popularity. Procedural
safeguards such as the single subject rule rarely enjoy
popular support. But, ultimately it is those
safeguards that preserve our liberties, because they
ensure that the actions of government are constrained by the
rule of law."
On November 2,
2004, Georgia voters approved an amendment to the state
constitution that, among several other things, bars same-sex
couples from marrying. Efforts to keep the amendment
off of the ballot failed. The Georgia supreme court
agreed with a lower-court finding that prevented
judicial review until after the election. The plaintiff
group refiled the case immediately following the
election, leading to Tuesday's ruling.
"Judge Russell's
decision is well within established law," said Johnny
Stephenson, a partner at Alston and Bird. "This case is
about making sure that whenever we seek to alter the
constitutional rights of the people of this
state--regardless of the underlying subject
matter--the process followed by the legislature
is lawful and proper. This ruling upholds that
principle and thereby protects the civil liberties of all
Georgians."
"Just because an
issue is a political hot button right now doesn't mean
that people can run roughshod over rules put in place to
protect the Georgia constitution from exactly this
kind of heated political debate," added Jack
Senterfitt, senior staff attorney in Lambda Legal's
Southern regional office in Atlanta. (The
Advocate)
