When it comes to the U.S. Supreme Court and gay marriage, Georgia will not be Alabama, Attorney General Sam Olens said early Wednesday.
The attorney general said his legal defense of Georgia’s constitutional ban on gay marriage doesn’t foreshadow any rearguard action should the high court overturn state bans on same-sex unions this summer. Said Olens:
“There’s a distinction between me defending the law, and the order from the Supreme Court. When the Supreme Court rules on an issue, we’re going to follow the order…
“We’re going to advise all those agencies that have policy roles to immediately follow the law. I cringe just as much when an attorney general seeks to defy the law as anyone else. When the U.S. Supreme Court rules, it’s not time for criticism or banter. It’s time for the lawyer to play lawyer.“
Olens made his remarks during an appearance before the Atlanta Press Club. Georgia is one of a number of states with bans on same-sex marriage that are being challenged in federal court. All have been on hold since the Supreme Court decided it would address the issue. Arguments are scheduled for next Tuesday.
Religious conservatives and legal scholars alike are predicting that the high court will overturn bans on same-sex unions. Gay marriages have proceeded in several states where the prohibitions have been successfully challenged — including Alabama.
Earlier this year, when Supreme Court justices refused to put a temporary hold on the issuance of marriage licenses to gay couples, that state’s chief justice, Roy Moore, advised local probate judges to refuse to comply.
That won’t happen here, Olens said:
“If the court rules that Georgia’s constitutional amendment is legal, the press release from my office will be that the Supreme Court has spoken. We’ll follow the law. If the Supreme Court at the end of June says that constitutional amendments like Georgia’s are unconstitutional, the press release from my office is going to be, the Supreme Court has spoken, and Georgia’s going to follow the law.”
But Olens expressed no regrets about his defense of Georgia’s constitutional ban, which was approved by voters in 2004, and said he had no discretion in the matter.
“I disagree 100 percent with those state attorney generals who decided they were part of the judicial branch and not the executive branch,” said Olens. “I think it’s frankly both inconsistent with the Constitution and the laws of the country when state attorneys general want to call balls and strikes.”
The attorney skirted questions about his personal views on the debate, but said he had attempted to keep the discussion on a high plane. “In the case of same-sex marriage, I think our office has tried – as best as we can – to show compassion, and to, frankly, limit our discussion to it being solely legal.”
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