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U.S. Sen. Saxby Chambliss (R-Ga.) said he can keep out ‘activist judges,’ a term local activists say invokes the fight over gay marriage. (Photo by AP)
Chambliss promises to keep out ‘activist judges’
Flier attacks Martin

By MATT SCHAFER
NOV. 21, 2008
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MATT SCHAFER

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Although Sen. Saxby Chambliss (R-Ga.) has avoided using anti-gay rhetoric in public campaign speeches, his promise to fight against “activist judges” is likely code for his opposition to gay marriage and other progressive issues, local gay activists said.

At a Nov. 13 rally in Cobb County that featured Republican presidential candidate Sen. John McCain (R-Ariz.), Chambliss said Georgia must be the firewall against “activist judges” who would legislate from the bench. Chambliss is in a Dec. 2 runoff with Jim Martin for a seat the Democrats want to win to add to their majority in Congress.

Like “family values” and “pro-marriage,” gay rights advocates said “activist judges” has joined the list of “code words” candidates use to tell their supporters they oppose gay rights. The phrase “activist judges” has become more common in campaigns since judicial rulings in Vermont allowed the nation’s first civil unions for gay couples, followed by judges in Massachusetts and California paving the way for gay couples to wed.

“Generally the right uses it as a code for, ‘These judges are friendly to queers and supportive of abortion rights,’” Jason Cecil said. Cecil, who is gay, is the president of the Young Democrats of Georgia and a member of Atlanta Stonewall Democrats.

At the Cobb rally, Chambliss promised to work with President-Elect Barack Obama when he agreed with him, but vowed fierce opposition on a number of issues.

“When he comes out with an agenda where he wants to put liberal and activist judges on the bench, I’m not going to be with him,” he said.

Chambliss’ words were met with loud and long cheering and applause from the crowd.

ATTACK FLIER

Randy Beck teaches constitutional law at the University of Georgia. Beck said there is no fast and objective standard used to determine what makes an “activist judge.”

“I think I’ve heard about three different ways that the term gets defined. One way is an activist that creates new rights that weren’t intended when the law was created, and that is probably in the term that Chambliss is using,” Beck said. He added judges are often branded as activists for perceiving to overreach their authority, and social conservatives and social progressives have used the term.

Chambliss’ opponent has also avoided making gay issues a major part of his campaign. Martin, who won support from the gay Human Rights Campaign and National Stonewall Democrats, has a long record of fighting for HIV and gay issues from his years in the Georgia General Assembly.

After Martin held a Nov. 12 press conference to discuss the runoff, Southern Voice asked about California’s Proposition 8, which banned gay marriage.

“I understand the concern people have about that, it’s a California issue, it’s not a Georgia issue,” Martin said. “People know my position and how I’ve stood up for fair treatment for all Georgians and against discrimination of any Georgians based upon their sexual orientation.”

Cecil said he understands why Martin hasn’t focused on gay causes.

“And honestly I don’t blame him. Anything that is friendly toward us that he would put out right now would be used as a bludgeon,” Cecil said. “The whole campaign is trying to focus on economic issues, and if we try to put a spotlight on Martin’s pro-gay positions it will absolutely doom it.”

While Chambliss himself hasn’t attacked Martin directly on gay issues, the National Republican Senatorial Committee mailed a flier claiming Martin should “take his show on the road” on “Left Wing Air.”

“San Francisco would hold a parade in his honor,” the flier claims, next to a cartoon rainbow, noting that among other issues, Martin “opposes banning gay marriage.”

Martin has said he personally does not support gay marriage, but he supports civil unions for gay couples.

Martin campaign spokesperson Kate Hanson said the attacks were nothing new, and Martin has said he expected them.

“He’ll throw out everything he can, old Republican politics,” she said.

The Chambliss campaign could not be reached for comment.





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The following comments were posted by our readers and were not edited by SOVO.  We ask that you treat others with respect; any post deemed offensive will be removed.

SouthernGal on 11/23/08  10:11 AM:
Chambliss is my choice...I do believe he can be swayed. Martin is too much of a southern bible belt kinda guy.



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