Georgia marriage
ruling could frame legislative debate

It's been more than a year since Georgia voters overwhelmingly approved a constitutional ban on same-sex marriages and months since a ruling on a challenge to the measure was expected. But the wait for that ruling continues as the case is stalled in a lower court. If the ruling comes soon, gay rights advocates expect it will fuel more debate on gay rights issues in January, when the legislative session begins. "Whatever decision the judge reaches is going to draw the attention of both sides," said Chuck Bowen, executive director of Georgia Equality. In January, Fulton County superior court judge Constance Russell said she would rule on a challenge to the same-sex marriage ban once the state supreme court decided whether to allow lawmakers who sponsored the ban to defend it in court. When the high court declined that appeal in March, advocates had expected a decision from Russell within weeks. But months later the judge has yet to issue her ruling. "I don't know what the delay is," said state representative Karla Drenner, Georgia government's only openly gay politician. Russell would not comment. A member of her staff said the judge is managing a busy court docket. When the judge does issue her ruling, Drenner said the timing "is a double-edged sword" because it will instantly frame the debate over any proposal that affects gays and lesbians. Drenner helped lead opposition in the legislature to the ban. Georgia was one of several states last year in which voters passed same-sex marriage bans, and many believe homosexuality was used as a divisive wedge issue in the presidential campaign. Opponents argued in court that the constitutional amendment was flawed because it contained more than one subject. They also claimed the summary that voters saw on the ballot was misleading. While the judge's ruling could come soon, it won't signal an end to the fight over same-sex marriage, said Jack Senterfitt, who challenged the amendment on behalf of gay rights organization Lambda Legal. "It's fairly clear that however she rules, it will wind up in the Georgia supreme court," he said. (AP)