Coming Sunday
A special report examines the politics of gay marriage and tracks the shift in attitudes among many Georgians.
Georgia’s leaders are quietly preparing for a Supreme Court decision that could legalize gay marriages in hopes of avoiding the same tumult that roiled Alabama when a federal judge struck down its same-sex marriage ban.
A judicial council has urged its members to respect the court ruling that’s expected to emerge this summer — and warned them of the penalties they could face in defying it. And Attorney General Sam Olens has advised the leaders of state agencies to abide by the decision no matter their personal opinion.
“We’re going to encourage all those agencies that have a policy role that they immediately follow the law. I cringe just as much when an attorney general seeks to defy the law as anyone else,” Olens told an Atlanta Press Club gathering Wednesday. “When the U.S. Supreme Court rules, it’s not time for criticism. It’s not time for banter.”
State officials are mindful of the unrest that rocked Alabama in February when a federal judge declared that state's gay marriage ban unconstitutional. Probate judges in more than a dozen Alabama counties refused to issue licenses to gay couples at the urging of the chief justice of the Alabama Supreme Court.
The plans are underway in Georgia as the Supreme Court prepares to hear arguments next week on whether the Constitution allows same-sex couples to marry even if their state forbids it. They also come as some metro Atlanta businesses jockey to cater to a wave of same-sex weddings that could bring millions of dollars in new investment to the region.
Georgia is now one of only 14 states where same-sex marriages are not allowed. Olens' office has defended the state's constitutional amendment as crucial to preserving the sanctity of marriage, and the federal lawsuit that challenges Georgia's gay marriage ban was put on hold until the Supreme Court issues its ruling.
Voters in Georgia overwhelmingly adopted a constitutional amendment outlawing gay marriage in 2004, but recent surveys indicate residents here are more evenly divided over the prospect. But national polls point to a growing acceptance of the idea, and such marriages are now commonplace in the dozens of states where it is legal.
Georgia’s jurists will be on the front lines of the debate if same-sex marriage is legalized.
Chase Daughtrey, who heads the Georgia Council of Probate Judges, said it has advised members that they could face sanctions by Georgia's judicial watchdog agency and legal repercussions if they refuse to issue a marriage license. The council has also drafted and approved a new marriage form in case same-sex marriage is permitted.
Those steps have provoked plenty of discussion but no real pushback, said Daughtrey, a probate judge in Cook County.
“Granted, there will be some judges who will have a moral struggle with issuing the license if the U.S. Supreme Court strikes down the ban,” he said. “But in my opinion, the number of judges who refuse to issue a marriage license to a homosexual couple will be an extremely small number, if any.”
He added, “Our judges understand they have a moral duty to uphold the law.”
Gov. Nathan Deal, who backs the same-sex marriage ban, signaled he is also unlikely to take a defiant stance against gay marriage if it’s legalized. In a recent interview, he said he was most concerned that a court decision could override the will of elected officials.
“This is unfortunately one of those areas that will be determined by federal courts and not a legislative body,” he said.
Supporters of gay marriage praised the state’s approach. State Sen. Nan Orrock, D-Atlanta, said it was a sign Georgia wouldn’t become a “backwoods state that’s resisting compliance with the law.” Jeff Graham of the LGBT advocacy group Georgia Equality said he was hopeful that other officials and state agencies follow Olens’ lead “in ensuring that all families are treated fairly.”
Olens, a Republican, skirted questions about his personal views on gay marriage and expressed no regrets about his defense of Georgia’s constitutional ban. But he said he already has a public statement in mind if the court decides to legalize the unions.
“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.”
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