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Thursday, October 21, 2004

WAR OF WORDS IN GA.: From the Atlanta Journal-Constitution

Former Republican U.S. Rep. Bob Barr, the author of a federal law defining marriage as the legal union of a man and a woman, on Wednesday called Georgia's proposed constitutional amendment to ban same-sex marriage a "poorly worded proposal" and suggested the state Legislature redraft it.

Barr was one of six panelists who participated in a debate on the proposed amendment, slated to be decided by voters on Nov. 2. ...

Last month, the Georgia ACLU, Lambda Legal, a national organization that represents gay people, and the Atlanta firm of Alston & Bird filed a lawsuit seeking to stop the referendum.

The suit argued that the amendment violates the state constitution's single-subject rule by pertaining to issues besides marriage, such as civil unions and the jurisdiction of Georgia courts. It also contended that the ballot question that voters will see is misleading because it asks voters about marriage without disclosing the whole amendment. ...

Georgians Against Discrimination, a coalition of groups fighting the amendment, has argued that if passed, it could do more than ban same-sex marriage, which is already illegal under state law. A key strategy of the organization is to tell voters the amendment could threaten domestic partnership benefits, adoption and custody rights, and the ability of gay couples to appoint medical and financial powers of attorney.

Lynn Hogue, a constitutional law professor at Georgia State University, disagreed with Barr and panelist Jeff Swart, an attorney with Alston & Bird, about the amendment's language. Hogue said that the amendment does not cover more than one subject. He argued the word "union" in the text of the amendment refers only to marriage.

Hogue said that certain aspects of the amendment --- such as whether or not it would jeopardize domestic partnership benefits for gay couples --- would have to be decided in the future by the courts.

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