Ruling could be near in gay marriage lawsui | Breaking New
by Associated Pres
Mar 28, 2005 | 148 views | 0 0 comments | 3 3 recommendations | email to a friend | print
ATLANTA (AP) — The state Supreme Court has refused to let lawmakers go to court to defend Georgia's constitutional amendment banning gay marriage — potentially signaling that a decision in the case challenging it is near.

The court on Friday declined to consider an appeal by former state Sen. Mike Crotts and other lawmakers who wanted to argue in favor of the ban, which defines marriage as between a man and a woman and curbs the legal recognition of same-sex civil unions.

In January, Fulton County Superior Court Judge Constance Russell said she would rule in the case against the state soon after that issue was settled.

``Both sides have presented all their information for her, and we are hopeful that she will issue her ruling very soon,'' said Jack Senterfitt, attorney for Lambda Legal Defense, a pro-gay rights group.

Senterfitt said he expects a ruling in the next 10 days.

Crotts, a Republican from Conyers who authored the ban, could not be immediately reached for comment. He did not return to the Legislature after an unsuccessful run for U.S. Congress last year.

In January, Russell ruled against allowing Crotts and other lawmakers to get directly involved in the case. He had appealed that decision to the Supreme Court.

The amendment was overwhelmingly approved by voters last November.

Gay marriage and civil unions already were illegal in Georgia before the amendment. But supporters said adding that language to the state constitution would better protect the state from a future court challenge.

Gay-rights supporters say the amendment was unconstitutionally misleading. Language on the November ballot only dealt with gay marriage, while the actual amendment also addresses civil unions and refusing to recognize same-sex marriages from other states.

In January, Crotts predicted that lawmakers would quickly seek to pass another gay marriage amendment if the court rules against the language in the current one.

``If a judge throws it out, I think you're going to see it again,'' he said. ``Not only are you going to see it again, it'll pass again.'
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