MARRIAGE IS GA. AMENDMENT'S ONLY SUBJECT: Jim Wooten

...The amendment is in two paragraphs. The first declares: "This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state." The second paragraph is the one four members of the Georgia Supreme Court can use to substitute their preferences for those of 2,454,912 Georgians. It says:
"No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. The state shall not give effect to any public act, record or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship."

The challenge, filed last week in Fulton County Superior Court, contends the amendment violates the state constitution's prohibition against multiple subjects in a single amendment. The underlying contention is that marriage is one subject and same-sex unions is another, and that the amendment prohibits state recognition of both. ...

The first paragraph of the amendment is essentially meaningless. The only thing it protects is the word "marriage." Not the institution, the word. ...

The second paragraph elaborates on the definition of marriage. The state can't alter marriage by defining it differently, nor can it recognize another state's attempt to do so. Nor can the courts in Georgia apply the laws of marriage to other personal relationships.

That doesn't mean that the state cannot compassionately and properly address the legal issues of committed partners. As issues of inheritance, ownership, decision-making, visitation and others arise, legislative remedies should be found. The state can, if the General Assembly chooses, recognize that two people are in a legally committed relationship.

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posted by Eve at 7:02 PM VOTE

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