State Courts On Tobacco, Gay Marriage, Getting Off The Ballot

State court courts tackled smoking, gay marriage and how to get off the ballot this week. Some decisions are ripe for appeal.

In Texas, the state court ruled former Rep. Tom DeLay has to stay on the ballot this fall, even though he officially changed residency in May. If presidential primary decisions were as binding, Vice President Cheney would not have been eligible to be President Bush's running mate in 2000.

In Florida, the State Supreme Court threw out a $145 billion punitive damage award and class-action status in a tobacco industry lawsuit. This had been the largest punitive damage award in a product liability claim; the Court ruled it was excessive, but concurred consumers had been "misled... about the dangers" of smoking.

Tobacco stocks rose on the news. Last month, the Surgeon General reported that secondhand smoke can cause immediate harm.

In Georgia and New York, courts upheld "marriage" laws" that prohibit gay marriage or civil unions.

In New York, the 4-2 ruling rested on arguments of tradition and child welfare. In that case, the challenge was based on due process and civil rights issues.

In Georgia, the unanimous decision affirmed the constitutionality of a 2004 constitutional amendment. Opponents argued that the language violated the state's requirement that a ballot item address only one issue by conflating "civil unions" and "gay marriages." No appeal is planned.

Cases are pending in California, New Jersey and Washington.

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