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Back to Home > News > Wednesday, May 17, 2006 Nation Posted on Wed, May. 17, 2006 email this prin... Gay marriage ban struck do
— A judge has struck down Georgia's ban on same-sex marriages, saying a measure overwhelmingly approved by voters in 2004 violated a provision of the state constitution that limits ballot questions to a single subject.
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."
Jack Senterfitt, who challenged the amendment on behalf of Lambda Legal, said the ruling "protects the right of voters to make independent decisions on each independent issue."
"The people of Georgia knew exactly what they were doing when an overwhelming 76 percent voted in support of this constitutional amendment," he said.
South Carolina is one of several states in which lawmakers have proposed constitutional amendments to define marriage. Voters will decide Nov. 7 whether to amend the state constitution to say that only marriages between a man and a woman would be recognized.
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