Timbre of a TimeFree Mind

Georgia voters decided Tuesday whether to amend the state constitution to include a gay marriage ban, but even if overwhelmingly approved, court challenges could prevent the matter from being settled.

Same-sex marriages are already prohibited under state law, but after a court ruling in Massachusetts led to the legalization of gay marriages there, many states were considering constitutional amendments to shield their bans from court interference.

Polls have shown the gay marriage amendment would easily pass in Georgia, as it has in other states. The Christian Coalition in Georgia, an influential activist group and one of the loudest supporters of the amendment, expected an overwhelming win.

The amendment received bipartisan support, introduced by Republicans in the Legislature and backed by many Democrats, especially those from rural areas.

President Bush has called for a similar amendment to be added to the U.S. Constitution. Bush's popularity in Georgia was sure to help the state amendment, said William Boone, a political scientist at Clark Atlanta University.

Opponents gave a last-ditch plea Monday for Georgians to reject the amendment, calling it unnecessary and hurtful to gay people.

"Please let common sense prevail. Do not vote for hate. Do not vote for discrimination," said Rep. Nan Grogan Orrock, an Atlanta Democrat.

Gay-rights advocates were planning a legal challenge if the amendment passed. The basis of their complaint is that the amendment contains more than one subject.

Voters were asked if marriage should be defined as only between a man and a woman. But the full amendment, which voters did not see on the ballot, would also bar judges from ruling on disputes between same-sex couples.

So if two men had a long-term relationship and owned a house together, say, but then broke up, a judge would not be allowed "to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship."

One opponent to the amendment, Democratic Sen. David Adelman of Atlanta, said the ballot language wouldn't withstand court scrutiny.

"The rush to divide us by the Christian Coalition and the right wing has resulted in shoddy legal work," he said.

The Georgia Supreme Court refused to block the amendment from the ballot, saying it cannot intervene in contests over proposed legislation or constitutional amendments until the legislation has been passed or the amendments approved by the voters.

Sadie Fields, chairwoman of the state Christian Coalition, said she wasn't worried about court challenges.

"We'll cross that bridge when we get to it," she said. "I think the courts will have to respect the people's voice."

The amendment's author, Republican state Sen. Mike Crotts, was less optimistic.

"I'm sure someone's gonna take it to court, either way," he said.

posted by jikido  # 2:12 PM