The Georgia Supreme Court has refused to block next week's vote on a proposed constitutional amendment to ban gay marriage.
Reaffirming an 84-year-old decision, the court said today that judges lack authority to intervene in contests over proposed legislation or constitutional amendments until the legislation has been passed or the amendments approved by the voters.
A Superior Court judge cited the same ruling last month in refusing to block the vote. Her decision was appealed to the Supreme Court.
In a 5-2 decision, the majority wrote that the only issue before the Supreme Court was, "Whether the judiciary is authorized to interfere in the constitutional amendment process," before the issue goes to voters.
Like their predecessors on the court in 1920, they concluded no such power is given to the judiciary.
Georgia is one of 11 states with gay marriage ban amendments on the Nov. 2 ballot. Opponents had hoped to keep the votes from being counted.
In the Georgia case, they argued the amendment was flawed because it contains more than one subject matter. They also claimed the ballot summary which voters will see on the ballot is misleading.