Fulton County (Georgia) Superior Court Judge Constance C. Russell has ruled as unconstitutional a 2004 voter-approved ban on homosexual marriage. The decision, made on procedural grounds, is based on Georgia's "single subject" rule. The amendment to the state constitution defined marriage as a state between a man-and-a-woman and banned civil unions. It also said the state would not recognize same-gender marriages performed in other states.

In November 2004, a spate of bills defining marriage passed; this is the first of those to be overturned.

Georgia's overzealous activists must not have checked federal law; their third point was not necessary. In 1996, Congress passed the Defense of Marriage Act (DOMA). It prohibits federal recognition of same-sex marriages and also allows a state to ignore gay marriages performed outside its borders.

See Hammer of Truth (Libertarian), Pardon My English (Conservative), and Feministe (Liberal).

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