Judge tosses gay-marriage ban

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Judge tosses gay-marriage ban

Items compiled from Tribune news services
Published May 17, 2006. Copyright by The Chicago Tribune

ATLANTA, GEORGIA -- 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 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 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.

Jack Senterfitt of the gay rights organization Lambda Legal said the ruling "protects the right of voters to make independent decisions on each independent issue."

Gov. Sonny Perdue said the state is considering appealing the decision to the Georgia Supreme Court.