Fmr Georgia Chief Justice Melton: Sports Betting Can be Legalized Without a GA Constitutional Amendment

The Veracity Report - Florida Edition

While there are still some that disagree, this, and Gov. Kemp’s change of heart on the topic, could mean that legalized sports betting in Georgia is a matter of when, not if

That’s right, according to the opinion of former Georgia Supreme Court Chief Justice Harold D. Melton, a constitutional amendment is not needed for the state to allow legal online sports betting and should be considered an extension of the lottery.

The battle has been raging between both sides since the US Supreme Court opened the door to legalized sports betting in America some 4 years ago. Since then, it seems like everyone that has some skin in the game has weighed in to support their positions – some of which have gotten downright heated.

But attempts to get the necessary legislation through the General Assembly have picked up this year, with the Metro Atlanta Chamber asking Melton for his views on the constitutional legality of allowing sports betting.

This is also a pertinent issue for the State of Florida since hundreds of thousands of Georgians make the trek to the Sunshine State every year to satisfy their itch to try their lunch at something more engaging than state lottery draws or scratch-offs.

If Georgia enacts legislation that allows legalized sports betting and/or the construction of casinos, many such establishments in Florida, particularly those Native American-run casinos near the Florida/Georgia border, are likely to see a sharp decline in businesses.

So far, expanding gambling in Georgia beyond the lottery has been difficult to do because most people believed that it would require amending the state constitution, which is not easy to do at all. That’s because the Georgia Constitution can only be amended with a two-step process. First, two-thirds of each legislative chamber has to agree to place it on the ballot, and then a simple majority of voters can approve the change.

However, now that Melton has said the constitutional amendment isn’t necessary, many believe the door is now open, not only to legalize the use of apps like DraftKings and FanDuel but also to the possibility of The Peach State seeing its first-ever casinos being built.

Former Chief Justice Melton explained his rationale like this:

“Based on my review of the relevant law, the original public meanings of applicable terms, and the historical context of those terms, it is my opinion that sports betting can be legalized as a state-run lottery for educational purposes solely through legislative action,” Melton wrote in a 10-page memo on the topic.

Boosting the hopes of many Georgians, now that he is starting his second term, Governor Brian Kemp has also said he would work with legislative leaders this year on a measure to allow sports betting, an issue he previously opposed. What’s more, Lt. Governor Burt Jones, when he was a state senator, sponsored legislation to make sports betting legal in Georgia.

Opponents of the measure say any form of gambling is immoral, addictive, and leads to crime, and they promise a hard fight.

For years, lawmakers have said expanding gambling in the state would bolster Georgia Lottery-funded education programs such as the HOPE scholarship, which was established nearly 30 years ago. But disagreement over where the tax revenue generated from sports betting, or any legalized gambling, should go has also held the legislation up.

Last year, a Senate bill seemed primed to pass the General Assembly, but it was tanked at the last minute in the powerful House Rules Committee, which decides which bills are eligible for a vote.

Some members of that committee didn’t like the idea of money raised by taxes on sports gambling going toward needs-based scholarships for what state Rep. Ron Stephens, R-Savannah, called “gap funding,” when a student is accepted to college but is just a little short of the money needed to attend.

Supporters of sports betting say Georgians already illegally bet nearly $5 billion a year on sports. Georgians can pull up a sports betting website or app on their cellphone and place bets on games — most likely using overseas servers -- skirting Georgia’s laws.

A poll of Georgia voters that the Washington-based firm Cygnal released last month reported that 51% support sports betting if the revenue is earmarked for pre-K and higher education programs. Just 24% opposed the idea. And a 2020 poll by The Atlanta Journal-Constitution found that about 58% of Georgia voters support legalizing sports betting.

Marshall Guest, a lobbyist with the Metro Atlanta Chamber, said the organization is bolstered by the broad public support for legalizing sports betting and is working to accomplish that this year.

“Former Chief Justice Melton is a renowned and respected jurist, and his legal opinion makes clear there is a pathway for the Legislature to legalize safe, secure sports betting this session, generating tens of millions of dollars for education in the process,” Guest said.

QUESTION 1: Should Georgia legalize sports betting? Yes or No, (though you can feel free to justify your answer in the comments if you wish).

QUESTION 2: Should Georgia allow the construction of casinos? Yes or No, (though you can feel free to justify your answer in the comments if you wish).

QUESTION 3: Should Georgia allow other types of betting such as OTB – Off Track Horse Race betting? Yes or No, (though you can feel free to justify your answer in the comments if you wish).

Veracity Editor's Note:

This unbiased, non-satirical, fully attributed article was thoroughly researched by our team of fact-checkers and found to be accurate. The sources relied upon for the factual basis of this article were: Cygnal, The Atlanta Journal-Constitution, the Office of the Governor, georgia.gov, former Georgia Supreme Court Chief Justice Harold D. Melton, The Associated Press, Reuters, and veracityreport.org.

This article was compiled and written by Chief Political Correspondent Kurt Dillon – Because the Truth Matters!

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