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Georgia Taken to Court on Gay Marriage Ban


Things are not so sweet for politician in the "Peach State," as Lambda Legal has filed a lawsuit on behalf of seven people that seeks class action status. They are suing the state registrar, a clerk of the Gwinnett County Probate Court and a Fulton County Probate Court judge in their official capacities for refusing to allow gay Georgians to marry.

One of the lame defense ploys of anti gay marriages states is to say that gay marriage is not "the will of the people," and indeed it is not in Georgia where in 2004 the state voted overwhelmingly to support a ban on gay marriage.

The trouble with the "will of the people" defense is that the will of the people is sometime illegal as when Georgia promoted slavery in the 19th Century. The "will of Georgia" stated that people of color were spiritually inferior to white folks, and for a hundred years after losing a war based on slavery, Georgia and other southern states continued to practice racial segregation. "The will of the people" is often both illegally and morally wrong.

The United States is founded on the principle that: "...all men [and women] are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. " How can promoting slavery be American or even Christian? How can people be discriminated against because of their religion, color, national origin, or with whom they sleep?

The United States is a country based on laws written by the majority of the people. People can change these laws with a majority vote, but until they are changed, the expression "the will of the people" has the sound of sore losers.

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