SSM AND THE COURTS: From the Atlanta Journal-Constitution

Voters in 10 other states will join Georgians on Nov. 2 in deciding whether to ban same-sex marriage in their state constitutions. But, as in Georgia, gay rights groups in several of those states are pinning their hopes on the courts, not the electorate, to halt the measures.

...So far, courts in Georgia, Louisiana, Michigan and Oklahoma have been unwilling to prevent voters from casting ballots, but opponents of the ban say the fight is far from over. Long after voters go to the polls, state and federal judges might ultimately decide the issue.

Opponents of gay marriage argue that judicial interference is precisely the reason they have pushed for constitutional amendments. A Massachusetts Supreme Court decision last year to allow same-sex marriage prompted lawmakers across the nation to propose constitutional amendments, which they think will be more difficult to overturn. But gay rights activists say they see nothing wrong with turning to the courts for help.

"Nothing's going on in the gay marriage debate that hasn't already happened in this country," said Matt Foreman, executive director of the National Gay and Lesbian Task Force. "Issues like abortion, segregated schools, civil rights and divorce were all largely won through the judicial process." ...

Gay rights activists and their attorneys also are formulating strategies to take the fight to federal court on civil rights grounds. David Buckel, director of the Marriage Project for Lambda Legal, said such litigation already is in progress in Nebraska.

In 2000, voters there approved a constitutional amendment banning gay marriage. Lambda Legal and the ACLU filed suit in federal court declaring the amendment unconstitutional. A lower-court judge denied the state's motion to dismiss the case, allowing it to go forward. Lambda Legal and the ACLU plan to file their briefs in court this month.

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posted by Eve at 9:35 PM VOTE

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