Gay marriage ban struck down

[giza]

ATLANTA, Georgia (AP) -- A judge on Tuesday struck down Georgia's ban on same-sex marriage, saying a measure approved by voters in 2004 violated a rule that limits ballot questions to a single subject.

More details are in the fine article.

Unfortunately, it was stuck down more on a technicality than anything. I have the sinking feeling that voters in Georgia didn't suddenly decide that gays were entitled to the same rights as everyone else.

Comments

[thefoxes.livejournal.com]

That's great news =) This is actually a strategy that gay rights groups are using in many of the states that passed anti-marriage amendments in 2004. Now that those states have amended their constitutions, there's no point in arguing that such a ban is unconstitutional (since that ban is now in the state constitution itself), so the only course of action is to get the amendment thrown out for technical reasons.

Unfortunately, getting the amendment thrown out won't legalize marriage equality in the state. There's still a state law banning gay marriage, and it's quite possible that the state will try to pass another anti-marriage amendment if this one actually remains struck down. Gay rights groups are really just hoping for a second chance to fight the amendment before it can be voted on again. Even if they can get the wording changed on the amendment so that it doesn't take away the possibility of civil unions or domestic partnerships it'll be a victory.

The only other way that an amendment like this could be struck down is if a federal judge rules that the amendment violates federal law. Most gay rights groups aren't willing to go that route yet because a decision by a federal judge in their favor would probably create a swell of support for Bush's federal anti-marriage amendment, which (if passed) could set back the marriage equality movement by 50 years or more =/

[kellic.livejournal.com]

*shrugs* A win is a win even if it is short lived. No doubt they will have another go at this.

[furahi.livejournal.com]

Just because it's not banned doesn't mean it's allowed anyway... right?

So this amounts to near nothing, especially since as you and the article says, it was because of a technicality

[thraxarious.livejournal.com]

just means the brain dead idiots who take literally what one verse in the bible says is true, yet reject one not a few verses before... they'll try again even harder.

I think it's amazing

[wildw0lf.livejournal.com]

That a State from the South actually upheld gay rights legislation. I guess this state may not be so red after all.

Re: I think it's amazing

[giza.livejournal.com]

That's not what happened. Go read the article, and you'll see that an anti-gay law was stuck down on a technicality.

Re: I think it's amazing

[wildw0lf.livejournal.com]

Well, technicality or no, it's still up to the Georgia voters...they may decide to allow same-sex marriages. I guess it will remain seen whether that will happen.

Senate passes Gay Marriage Ban

[wildw0lf.livejournal.com]

http://www.msnbc.msn.com/id/12853948/

I can't believe this. The Republican controlled House will be sure to pass this, trumping all current State laws on the issue.

-WildWolf

Re: Senate passes Gay Marriage Ban

[wildw0lf.livejournal.com]

Actually, this was a Senate panel, that ok'd the go-ahead for legislation to pass in the Senate. Who knows whether it would actually pass, as the decision was right along party lines...

Re: Senate passes Gay Marriage Ban

[thefoxes.livejournal.com]

There's virtually no chance of this federal amendment passing any time soon. It would have to pass both the full Senate and House with at least a 2/3 majority in each. This same amendment was voted on in 2004. Back then it didn't even recieve a majority in the Senate. The final vote was 48 in favor, 50 against, and 2 abstaining. In the House, the amendment got just over 50% of the vote, but not even close to the 2/3 it needed to actually pass.

This year the amendment is expected to get a few more votes than it did in 2004, but nobody actually expects it to pass. The only reason that Republicans are pushing for it is because they think the issue will get them more votes in November from religious conservative voters. Plus, it distracts people from the war, the economy, healthcare, unemplayment, scandals, etc... You know, the stuff that our government SHOULD be worrying about =/