Calls for federal amendment strengthen following Georgia reversal

ATLANTA — The May 16 ruling by Judge Constance Russell that the state’s constitutional marriage amendment violates the state constitution has set off a new round of cries for a federal marriage amendment.

The ruling, which for the moment trumps the dissenting opinion of 76% of Georgia voters, came about due to a technicality in the amendment’s language, said Russell. The Georgia constitution prohibits amendments from dealing with more than one subject. Russell stated that the amendment dealt with both “gay marriage” and same-sex civil unions.

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Georgia’s state amendment blocking “gay marriage” was overruled May 16 by Judge Constance Russell. The decision has set off a new round of cries for a federal amendment regarding marriage.

Ray Newman, Georgia Baptist Convention specialist in Ethics and Public Affairs, wasn’t taken back by the action.

“I wasn’t surprised by this decision,” said Newman. “I knew those who are opposed to the amendment would find a judge to oppose it. They found one in Judge Russell.

“[Judge Russell] has seen something in the amendment that isn’t there. The amendment reads: ‘Shall the Constitution be amended so as to provide that this state shall recognize as marriage only the union of man and woman?’

“Seventy-six percent of voters said yes. I see only one thing addressed [in this amendment]. She sees two. I’m trying not to use this term so much, but activist judges look for things that aren’t there in order to make the decisions they do.”

The day after Judge Russell’s ruling, Georgia Governor Sonny Perdue said he may call a special session of the state legislature to pass a constitutional marriage amendment.

Should the Georgia Supreme Court not reach a decision regarding Russell’s ruling by Aug. 7, Perdue said he would call a special session to place the amendment on the November ballot.

Russell pointed to the “single-subject” rule in supporting her decision.

“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.”

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The day after a state judge overturned Georgia’s amendment regarding marriage, Governor Sonny Perdue, a member of First Baptist Woodstock, said he may call for another vote in November. The state mendment passed in November 2004 with 76% of the vote.

A similar lawsuit was filed against Louisiana’s amendment, although the state’s high court ruled that its amendment was OK, even though it also banned both “gay marriage” and civil unions.

“I am very disappointed by this decision to countermand the people of Georgia’s voice in defining marriage in our state as a union between a man and a woman,” said Perdue, a member of First Baptist Church in Woodstock. “The people of Georgia knew exactly what they were doing when an overwhelming 76 percent voted in support of this constitutional amendment. It is sad that a single judge has chosen to reverse their decision. I am carefully assessing the options to ensure that the will of the people will not be thwarted.”

“I was really pleased to see that the governor of our state plans to call the legislature for a special session should the Georgia Supreme Court not rule in a timely manner,” said Newman.

Russell’s ruling comes at a time when the Southern Baptist Ethics and Religious Liberty Commission is asking churches to consider observing Marriage Protection Sunday June 4, the eve of Senate debate on a constitutional amendment regarding the issue.

Senators are scheduled to begin consideration of the Marriage Protection Amendment June 5, with a floor vote expected June 6 or 7. The MPA, S.J. Res. 1, defines marriage as only between a man and a woman. The proposal is designed to protect the institution against continuing legal efforts to legalize “homosexual marriage.”

The ERLC, the Southern Baptist Convention’s public policy entity, is requesting pastors to address “same-sex marriage” June 4 and to encourage church members to ask their senators to support the amendment.

Georgia voters can contact Senator Saxby Chambliss at (202) 224-3521 and Senator Johnny Isakson at (202) 224-3643 or through the Senate Web site at www.senate.gov.

Supporters of a federal amendment contend that rulings such as the one in Georgia make a national solution necessary.

Including Georgia, 19 states have passed marriage amendments, and at least seven more states are expected to vote on them this year. The amendments prevent state courts from legalizing “gay marriage.” An amendment has never lost at the ballot.

Massachusetts’ highest court legalized “gay marriage,” and courts in Jew Jersey, New York, and Washington state could follow this year. None have marriage amendments.