Atlanta - Georgia Attorney General Sam Olens Monday asked a federal judge to dismiss a lawsuit challenging the state’s ban on same-sex marriage.
The suit was filed in April by seven people who say the ban is unconstitutional. But Olens says it takes away the state’s right to define marriage as they did with a 2004 constitutional ban against gay weddings. To that, WSB senior legal analyst Ron Carlson says, good luck.
“This dispute takes place in a legal forum that’s been particularly inhospitable in recent months to state bans on gay marriage,” Carlson told WSB’s Pete Combs.
Olens bases his argument on the notion that a state has the right to set its own laws. But gay marriage advocates have successfully hinged their cases on the Tenth Amendment of the U.S. Constitution, the “full faith and credit” clause that says what is legal in one state must be recognized as legal in another.
Carlson said he doesn’t fault Olens for battling to uphold the ban, saying this issue deserves its day in court. Ultimately, Carlson said he believes the case will likely wind up before the US Supreme Court.