The state of Georgia is set to appeal after a judge’s ruling that denied a voter-approved ban on gay marriage.

Seventy-six percent of the state’s voters voted against gay marriage, yet Fulton County Superior Court Judge Constance C. Russell ruled that the there was a breach in the state constitution’s single subject rules for ballot questions.

The ballot addressed issues such as civil unions, not just the issue of gay marriage. The governor has stated that he will call a special legislative session if the issue is not addressed soon.

There is an issue being raised that with the upcoming election, conservative candidates may be trying to use the gay and lesbian issue to get people to vote and that conservative candidates may be trying to use the gay platform to distract from other issues.