O'Kelley et al. v. Cox, Georgia Supreme Court, October 26, 2004 [ruling that the courts could not intervene in the referendum process and that the parties challenging the inclusion of the proposed amendment banning same-sex marriage on the November 2 ballot would have to wait until after the election before challenging the amendment]. Excerpt:

The fallacy in Appellants' argument is their insistence that they have a legal right not to participate in an election wherein a proposed constitutional amendment may not withstand judicial scrutiny in the event it is passed. However, their rights are limited to those available to any other citizen of this state who is opposed to proposed legislation. They are entitled to campaign against enactment of the proposed amendment and, if they are unsuccessful in that effort, they may bring a challenge to its constitutionality on any arguably meritorious basis. At this time, however, they have no right to invoke the power of the judiciary to enjoin enactment of legislation or adoption of a proposed constitutional amendment…

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.