Georgia same-sex mar…

Georgia same-sex marriage amendment update:

ATLANTA – A Fulton County judge delayed a decision until next week on whether a constitutional amendment banning gay marriage in Georgia could stay on the Nov. 2 ballot.

Fulton County Superior Court Judge Constance Russell heard arguments from both sides Friday, but referred the Attorney General’s Office and plaintiffs, including lawyers from the American Civil Liberties Union of Georgia, to a Georgia Supreme Court case that casts doubt on whether the court could intervene until after the election.

“I did some looking on my own … and neither one of you cited (the case) and frankly I’m concerned,” Russell said.

Reading from the case decided in 1920, she said, “judicial power will not be exercised to stay the course of legislation while it is in the process” of being enacted.

She gave both sides until Monday to convince her why she does or does not have jurisdiction in the case.

The judge, rightly in my view, gave both sides a thwack for not noticing this. This could make the whole case moot if she’s not convinced, which I’m sure scares the ACLU. The bigger the margin of victory on the amendment vote (and it’s projected to be very big), the worse it would look for them to being up the lawsuit at that point (“the will of the people” and all that). It’s good to hear there’s a judge with a level head looking into this, and isn’t playing favorites, whatever her predisposition might be.

(Cross-posted at Redstate.org. Comments welcome.)

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