The people vote and a majority rules. At least that's the way it's supposed to work. But an action of Fulton County Superior Judge Russell questions that theory.
Tuesday Russell overturned the same-sex marriage ban that Georgia voters put into place with a 76 percent vote. Russell says the measure was presented to the voters incorrectly.
Gay rights activist David Henry says it should not have been presented in the first place.
Some people in the gay community see this as one small step towards equal rights.
Governor Sonny Perdue says the State of Georgia will appeal this decision to the Georgia Supreme Court. Perdue says if the Supreme Court fails to overturn the decision he will call a general assembly special session.