So, this is one of those "activist judges" we've been hearing about...
Tenn. judge lets anti-gay vote proceed
A Tennessee judge has ruled that an anti-gay amendment vote may proceed, even though legislators failed to meet a deadline laid out in the state Constitution.
Under Tennessee rules, a constitutional amendment must pass two legislative sessions before facing a public vote. After an amendment passes the first session, lawmakers must publish a legal notice six months prior to the next election. The rule is meant to ensure that the public can take the amendment into account before electing the next legislature.
In 2004, the state's General Assembly advanced a constitutional amendment to ban same-sex marriage. But instead of posting notice in May, it waited until June 20, missing the deadline by roughly six weeks. While it may appear to be a technicality, it is in fact a clear-cut violation of state law and should have been enough to invalidate the amendment and send the lawmakers back to square one.
A Tennessee judge has ruled that an anti-gay amendment vote may proceed, even though legislators failed to meet a deadline laid out in the state Constitution.
Under Tennessee rules, a constitutional amendment must pass two legislative sessions before facing a public vote. After an amendment passes the first session, lawmakers must publish a legal notice six months prior to the next election. The rule is meant to ensure that the public can take the amendment into account before electing the next legislature.
In 2004, the state's General Assembly advanced a constitutional amendment to ban same-sex marriage. But instead of posting notice in May, it waited until June 20, missing the deadline by roughly six weeks. While it may appear to be a technicality, it is in fact a clear-cut violation of state law and should have been enough to invalidate the amendment and send the lawmakers back to square one.
posted by marsh at
7:45 PM
