AG continues to fiddle while Rome burns!



Georgia’s continued defense of same-sex marriage ban a colossal waste of taxpayer money. 

BY: Gary S. Cox

Earlier in the year, U. S. Supreme Court Justice Ruth Bader Ginsburg in a speech in Minneapolis told an audience to watch the 6th Circuit Court of Appeals, which is comprised of Michigan, Ohio, Kentucky and Tennessee. If the 6th circuit ruled to uphold the state constitutional bans against same-sex marriage, then there would be some urgency for the court to hear the issue on appeal. She noted if the 6th Circuit Court strikes down the bans, then there would be no sense of urgency for the court to enter the fray. The 6th Circuit Court decision is still pending.

The decision by the U.S. Supreme Court to decline hearing the petitions of 5 states where the appellate courts struck down their constitutional bans against same sex marriage in effect legalizes same-sex marriage in 30 states. Even a lay person can read the proverbial hand writing on the wall and know, as Ginsburg predicted, the High Court will only enter the fray if there are conflicting appellate court rulings. It is readily apparent how the Supreme Court is leaning on the issue. Remember, it takes 4 Justices to say “Yes” to have a case heard before the court. The votes to reverse the appellate court decisions to strike down state constitutional marriage bans are most likely not there. The same 5-4 split in the “Defense Against Marriage Act” ruling is the most probable outcome predicted by seasoned court watchers, if the court does take up the issue of same-sex marriage.

Now comes the state of Georgia, in a recent article in The Atlanta-Journal Constitution the Attorney General’s office announced the state of Georgia will proceed with its court fight to save the state constitution’s ban on same-sex marriage, the AG’s spokesperson noted. Marriages will begin taking place in the 30 states impacted by the High Court’s decision not to hear any same-sex marriage cases. It is unlikely the High Court will knowingly allow such marriages to take place, then annul those marriages at some future date. Even our Southern neighbors – Virginia, West Virginia, South and North Carolina now have same sex marriage as a direct result of the Supreme Court’s decision. In North Carolina, Governor Pat McCrory grudgingly noted the “acceptance of the inevitability” of same-sex marriage becoming legal in his state. The fight to ban same-sex marriage is over. Yet Georgia’s AG continues to waste taxpayer money in a battle he is predictably to lose. Even Utah’s Governor Gary Herbert, who adamantly opposed same-sex marriage, stated in response to the High Court decision, ” “. . . ultimately we are a nation of laws, and we here in Utah will uphold the law.” The state AG’s office should drop it’s case, as did the AG of North Carolina, and accept the consensus of the American people.