Politics & Government

Georgia Attorney General Wants Same-Sex Marriage Suit Thrown Out

Sam Olens' office has announced that they will defend the state's constitutional ban on same-sex marriage.

The Attorney of General of Georgia is asking that the judge hearing a controversial lawsuit hoping to overturn Georgia's same-sex marriage ban throw the case out.

The office of Sam Olens, who has been the attorney general since 2011, has formally filed documents stating that it will support the state's 2004 constitutional amendment regarding marriage, WSB reports.

The amendment, which passed with a 76.2 percent support of 3.2 million voters, defines marriage as between a man and a woman, and adds that Georgia does not recognize the validity of same-sex marriages that are legal in other states.

Lambda Legal filed a lawsuit against the state in April on behalf of seven people who claim their rights were infringed upon by not being able to marry in Georgia.

The Atlanta Journal-Constitution reported in April that the seven people included two members of the Atlanta Police Department, a couple in Snellville, an Atlanta couple, and a Decatur woman whose partner died in 2013.

According to GA Voice, the lawsuit alleges that the amendment violates the 14th Amendment, specifically the due process guarantees within. However, Olens' counter brief claims that the suit, "incorrectly assumes that the fundamental right to marriage includes the right to marry someone of the same sex."

Additionally, Olens' brief claims that if a judge rules on the constitutionality of the amendment, the power of Georgia citizens to define what marriage means in their state will have been usurped.

"The State also respects the important, intimate, and personal choices that Plaintiffs have freely made. But the U.S. Constitution does not convert every ‘important, intimate, and personal decision’ into a fundamental right immune from the democratic process," another part of Olens' brief reads.

You may read Lambda Legal's complaint here, and Olens' full response is available here.

What are your opinions on the issue of same-sex marriage? Tell us in the comments, but please try to keep it civil!


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