Attorney: Georgia Marriage Amendment Ruling Proves Federal Measure Needed
by Allie Martin
May 19, 2006
(AgapePress) - - A spokesman with the American Family Center for Law & Policy (AFA Law Center) says the decision of a Georgia judge to strike down that state's ban on same-sex "marriage" clearly shows the need for a federal constitutional amendment to protect marriage.
On Tuesday, Fulton County Superior Court Judge Constance Russell ruled that the constitutional amendment protecting traditional marriage in Georgia violated the state's "single-subject rule" because it asked voters to decide on multiple issues in one amendment. A number of pro-family legal analysts and political leaders have criticized the judge's assertion that the amendment violated the rule by addressing both same-sex marriage and civil unions.
Some legal experts believe it is likely that Russell's decision will be appealed and overturned. Upon hearing of the ruling, Georgia Governor Sonny Perdue promised to weigh his options to protect the will of the people and has since vowed that he would appeal the decision himself. The governor also said he would call a special session of the state legislature to consider putting another marriage amendment on this year's ballot if the Georgia Supreme Court failed to act on the issue by August 7.
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Steve Crampton |
AFA Law Center chief counsel Steve Crampton, who specializes in American constitutional law, feels Judge Russell's reasoning was based on a flawed reading of the "single-subject rule" and he is convinced her ruling will not stand for long. "I am confident that whether it's at the Court of Appeals or at the Georgia Supreme Court, it will be overturned," he says. However, Crampton points out, the reversal of the Georgia amendment, which was approved in November 2004 by a 76 percent majority of the state's voters, underscores the vulnerability of state marriage laws across the U.S., even when they have the people's mandate and are enshrined in the state's constitution. What this case does, he asserts, is "it sort of highlights the need for us to take steps to once and for all protect marriage."
The AFA Law Center spokesman notes that this can be a complicated task, given the limitations of state laws. "What they would say in Georgia in this particular case is, 'Oh, well, you can go back, put [the marriage amendment] on the ballot and vote again," he says, "with one amendment for marriage and a separate one for civil unions."
However, Crampton contends, that course of action is not as simple as it might seem. "First of all, that's enormously expensive," he observes. "Second, it is highly inconvenient." Also, even if the Georgia marriage protection amendment were reinstated, the state could still face court challenges from within and could still come into conflict with other jurisdictions where same-sex marriages or civil unions have been approved.
A federal marriage amendment is the only way to ensure the protection of traditional marriage from the attacks of homosexual activists and activist judges, Crampton insists. "The institution of marriage is God's very first social institution," he says. "Protection of the family begins with the protection of marriage, so Congress must act to amend the U.S. Constitution in order to preserve the institution of marriage against the efforts of those seeking to redefine it."
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
