Former chief justice believes Georgia sports betting possible without constitutional amendment
Harold D. Melton contends online sports betting can be implemented via extension of the state lottery
Georgia has tried and failed to legalize sports betting on multiple occasions since the fall of PASPA in 2018, but according to a memo penned by the state’s former chief justice, a constitutional amendment isn’t required to expand gambling.
Harold D. Melton, who served as Georgia Supreme Court Chief Justice for over 15 years before retiring in 2021, argued in a 10-page memo obtained by The Atlanta Journal-Constitution that the legalization of sports betting can be set in motion via an extension of the lottery.
Melton’s memo suggested the workaround could thereby serve to effectively circumvent Georgia’s constitutional process, which mandates a two-thirds majority in each legislative chamber and a subsequent ballot initiative approved by a voter majority to initiate any amendment – in this case, an expansion of gambling – to the state’s constitution.
“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 the memo.
Melton’s opinion was sought as part of a greater push among Georgia stakeholders to create momentum for sports betting in 2023, with the Metro Atlanta Chamber – a privately-funded organization representing over one million employees in the 29-county region – specifically requesting his legal expertise.
The topic has proven divisive over the past four years, as legislation has been introduced to no avail in each legislative term during that span.
Governor Brian Kemp has notably shifted his position, indicating he would support future measures to legalize sports betting after previously being opposed, while his lieutenant governor, Burt Jones, sponsored sports betting legislation during his time as a state senator.
Opposition, however, remains staunch, particularly in the more conservative parts of the state, where the prevailing sentiment is that any form of gambling is immoral and a gateway to crime.
Add it all up and Georgia’s realistic prospects for sports betting could hinge on the validity of Melton’s argument.