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georgia's two-year-old ban on same-sex marriage was struck down by a judge on procedural grounds, a ruling that frustrated conservatives and likely sets the stage for further legal wrangling.
fulton county superior court judge constance c. russell ruled tuesday that the measure, overwhelmingly approved by voters in 2004, had violated the state constitution's single-subject rules for ballot questions.
gay rights activists savored their victory, but said they were on guard for an appeal to the state's highest court and a push from the measure's gop backers to call a special session of the state's legislature to revive the issue in time for november's elections.
activists had long awaited russell's ruling in their court challenge, which was originally filed in november 2004, soon after the constitutional ban was approved in that year's general election.
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.
"the people of georgia knew exactly what they were doing when an overwhelming 76 percent voted in support of this constitutional amendment," said perdue, a republican. "it is sad that a single judge has chosen to reverse this decision."
if georgia lawmakers want to continue to press the issue, they'll need to come up with a different ballot amendment comprising of two separate questions, said beth littrell, associate legal director of georgia's american civil liberties union chapter, which also was a participant in the court challenge.
one question would have to deal with recognition of marriage as between a man and a woman and the other to address legal recognition of same-sex relationships, littrell said.
"civil unions and marriages are different things and people feel differently about them," she said. "and they need to be able to vote on them separately."
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