Georgia Leaders and Voters File Lawsuit Seeking to Strike Down Amendment on Marriage

(Atlanta, Tuesday, November 9, 2004) - A lawsuit seeking to strike down a new marriage amendment to the Georgia State Constitution was filed in the Superior Court of Fulton County today. Represented by Lambda Legal, the ACLU of Georgia, and the law firm of Alston & Bird LLP, the plaintiffs allege that the amendment is unconstitutional and the ballot language was deceptive. "Voters were asked to vote on an unconstitutional question at the ballot box last week," said Jack Senterfitt, Senior Staff Attorney in Lambda Legal's Southern Regional Office in Atlanta. "The purpose of this lawsuit is to ensure that the process for amending the constitution-regardless of the subject matter-is done lawfully. This amendment is clearly unconstitutional."

Earlier this year, the state legislature approved an amendment to the Georgia Constitution that would prohibit same-sex couples from marrying, may prohibit civil unions and seeks to limit the court's jurisdiction on matters involving same-sex couples. The legislature's approval put the measure on the November ballot, but lawyers for the plaintiffs argue that the required process for amending the Georgia Constitution was not followed. Lambda Legal, ACLU of Georgia and Alston & Bird filed an identical lawsuit in September seeking to take the amendment question off the ballot. Both a lower court judge and the Georgia Supreme Court ruled that the courts had no jurisdiction in the matter until after the election.

"Since the Georgia Supreme Court didn't reach the heart of our argument before the election, we are bringing the same legal challenge, " said Beth Littrell, Staff Attorney at the ACLU of Georgia. "This time there are no roadblocks to getting a final decision on this intentionally deceptive ballot question that prevented voters from making a fair and honest choice."

Today's lawsuit argues:

• The amendment is unconstitutional based on the "single-subject rule." The Georgia Constitution requires that ballot initiatives pose a single subject at a time to voters, rather than covering multiple issues.
  
• The amendment currently includes multiple issues, including:
  
  
  
  • definition of marriage,
    
  • prohibition of the recognition of other types of unions between same-sex couples,
    
  • an attempt to limit the jurisdiction of Georgia courts,
    
  • an attempt to limit the full faith and credit given to judgments and other proceedings from other states.

The plaintiffs in the case are a diverse range of Georgia voters and leaders. They include: The Missionary Baptist Church as represented by Rev. Zach Lyde in Brunswick, Georgia; Chuck O'Kelley, a law professor at the University of Georgia, and his wife Judi, who worked to educate voters about the proposed amendment; Reverend Timothy McDonald III, Senior Pastor of the First Iconium Baptist Church in Atlanta; Rep. Tyronne Brooks and Senator David Adelman, members of the Georgia State Legislature.

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Lisa Hardaway--Lambda Legal: 212-809-8585 ext.266; pager: 888-987-1971 Debbie Seagraves--ACLU of Georgia: 404-523-6201 Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.

ACLU of Georgia works to advance the cause of civil liberties in Georgia, with emphasis on the rights of free speech, free press, free assembly, freedom of religion, due process of law and to take all legitimate action in the furtherance of such purposes without political partisanship.