There are 2 Resolutions on the Ga ballot. Please check this site.

[napi21]

This is a link to the league of Women Voters election guide. It has a good anaylsis of the candidates positions and an explaination of the resolutions.

The Marriage Rights amendment is of great concern because what's printed on your ballot is NOT a full explaination of what this resolution will actually do.

This is a PDF file, and is pretty easy to read. Please take the time to check it out so you understand exactly what you're voting for.

http://www.lwvga.org/resources/LWVGAGeneralElectionVoterGuide.pdf

[RubyDuby in GA]

1. Or simply put

No. 1 - Vote NO!!!!!!!!!!! Damn fundie nutcases... hate them.......
No. 2 - Vote yes.

[Laelth]

2. Agreed.

:toast:

-Laelth

[klook]

3. Maybe I'm just being paranoid

but is Amendment #2 really benign? Is there a chance it could be used to overturn Federal judicial decisions?

[flaminbats]

4. I fear the opposite!

this would make it easier for Federal Courts to strike down state law based on the state court's "wrong...or biased interpretation". In other words, a right-wing Federal Court could change state law..claiming that the state courts had unconstitutionally changed the law's original intent. :eyes:

IMO the solution is to vote for John Kerry, not against this amendment.

[Laelth]

6. Not likely.

Lower Federal courts really can't strike down state law. The Supreme Court of the United States can, but it only does so rarely. As far as I can tell, Amendment 2 is benign. It simply allows the federal courts in GA to send certified questions to the GA Supreme Court so that the GA Supremes can advise the federal courts on GA law. Usually, of course, it's the GA courts that enforce state law and rule on issues of state law. The lower courts in GA already have the authority to send certified questions to the GA Supreme Court, and if the lower court in GA gets it wrong, then the losing party can appeal to the GA Court of Appeals and then, finally, to the GA Supreme Court.

Evidently, though, the Georgia Constitution doesn't give authority to the GA Supreme Court to accept and answer the same kinds of questions if they come from the federal courts. Occasionally, of course, the federal courts do rule on issues of GA law under the authority granted by 28 USC 1332 and 28 USC 1367 (diversity and supplemental jurisdiction). On issues of state law, the federal courts try to apply GA law correctly, but sometimes the correct answer to a legal issue is not apparent from the case law. In such a case, the federal court might want to "certify" a question to the GA Supreme Court, so that the ultimate authorities on GA law can answer the question and, thus, prevent the expense of having a lower federal court issue a bad ruling that will then have to be appealed.

Hope that makes sense. ;)

Laelth recommends a YES vote on Amendment 2.

-Laelth

[Hosnon]

5. No

It is to be used when a federal court has to decide a state matter in the course of a trial. Too often the federal court misinterprets the state law and rules inappropriately. This amendment would allow that single question to come to the GA courts to be answered. The federal court would then use our interpretation.

It gives GA more authority - all around good amendment!