Ball is the Harmon W. Caldwell Chair in Constitutional Law at the University of Georgia School of Law.

"The lawsuit raises a legitimate question. The amendment can well be read to include more than one subject. It would both withhold the designation 'marriage' from same-sex unions and deny spouse-like benefits to people in such unions. Some voters may oppose designating same-sex relationships as 'marriage' but still feel that partners in these unions should be able to qualify for benefits. These voters might easily be misled by the ballot question. The ballot question refers only to the first subject and not the second. Voters might never know that by voting in favor of the amendment they were also voting against benefits. For these reasons, I would hold that the proposed amendment and the ballot question violate our state constitution."