UPDATE ON MARRIAGE AMENDMENT JUST IN FROM AJC

Perdue may call special session on gay marriage

By JAMES SALZER
The Atlanta Journal-Constitution
Published on: 05/17/06

Gov. Sonny Perdue said Wednesday that he will call a special session of the state Legislature on Aug. 9 if the Georgia Supreme Court does not hear an appeal by Aug. 7 of Tuesday's court decision striking down a state constitutional amendment banning same sex marriages.

The governor made the comments in a speech to the Atlanta Press Club on Wednesday. He said the Legislature would convene to reframe the constitutional amendment that banned gay marriage and would put it up for voter approval at the polls in November.

Earlier in the day, state Attorney General Thurbert Baker said the decision would be appealed and that his office would request an expedited hearing.

Fulton Superior Court Judge Constance Russell ruled Tuesday that the measure to ban gay marriage was presented incorrectly to voters. She did not rule on the merits of allowing gay couples to marry. Instead, she said the measure violates the state Constitution's single-subject rule because it required voters to decide on marriage and civil unions in a single amendment.

"In my opinion, the decision by the Fulton County Superior Court is wrongfully decided," Baker said Wednesday. "I intend to press the Georgia Supreme Court to quickly correct the Superior Court's error and re-instate the language adopted by Georgia voters in 2004."

Baker also said the statute in Georgia prohibiting the recognition of same-sex marriage was still on the books and had not been declared invalid; only the constitutional amendment was struck down.

Also on Wednesday, a key legislative leader called for a special session to re-address gay marriage if the courts don't reinstate the constitutional amendment.

"If unresolved by the end of August — or resolved in opposition to the people's vote — I fully support a special session," said Senate President Pro-tem Eric Johnson (R-Savannah). "Marriage between a man and a woman must be protected."

An August special session would allow a debate a few weeks before the 2006 elections on an issue that spurred social conservative voters to the polls in 2004 to pass the original amendment. Republicans say it will boost their chances of retaining the governor's mansion and the General Assembly if voters are drawn to the polls to vote on the gay marriage ban again.

A special session would cost $30,000 to $40,000 a day. Critics say the constitutional amendment isn't needed because state law already outlaws gay marriage.

The Secretary of State's Office said lawmakers would have until Aug. 14 to get another measure on the ballot.

Gov. Sonny Perdue, who criticized the ruling Tuesday, is expected to announce the state's official response to the decision at a luncheon this afternoon.

Meanwhile, both of Perdue's main Democratic opponents in this year's governor's race, Secretary of State Cathy Cox and Lt. Gov. Mark Taylor, reiterated their positions.

"The people of Georgia have always believed, as I do, that marriage is the sacred union of one man and one woman," Cox said. "Despite this new ruling, existing state law, which I strongly support, continues to define marriage as between one man and one woman."

Thank you for Keeping The Faith.
Sadie Fields