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KANE v. FORTSON

Civ. A. No. 19093.

369 F.Supp. 1342 (1973)

Patricia KANE, for herself and for all other women similarly situated, Plaintiff, v. Ben FORTSON, Individually and in his capacity as Secretary of State and Chairman of the State Election Board of Georgia, et al., Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

December 28, 1973.

Attorney(s) appearing for the Case

Laughlin McDonald and Neil Bradley, Atlanta, Ga., Sara E. Green, League of Women Voters, Education Fund, Inc., Washington, D. C., Emily Carssow and Morris Brown, Atlanta, Ga., for plaintiff.

H. Andrew Owen, Jr., Asst. Atty. Gen., Atlanta, Ga., for defendants.

Before BELL, Circuit Judge, and MOYE and O'KELLEY, District Judges.

CONSENT ORDER

This action challenges the constitutionality of Georgia Code §§ 79-403, 79-407, and 34-632 insofar as they deny a married woman in Georgia the right to establish a domicile and residence for voting purposes independent of that of her husband. Plaintiff contends that these code sections operate in violation of the first, fourteenth and nineteenth amendments of the Constitution of the United States.

On October 4, 1973, this Court granted...

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