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Candidates who last year had been denied a place on the primary ballot as Republicans by the Catoosa GOP had sued in State Superior Court and had won.

The candidates, whom the GOP said did not live up to Republican principles and policies, were allowed, by court order and by the decision of the board of elections, to appear on the ballot as Republicans.

The GOP next filed a "1983 Civil Rights" suit in Federal District Court, only to have it dismissed. Its next step was to appeal the dismissal decision to the 11th Circuit Court of Appeals.

The 11th Circuit ruled Wednesday, June 12, that the District Court was mistaken and must revisit the case but this time must allow it to proceed.

“After careful review,� the 11th Circuit wrote, “we hold that Plaintiffs have alleged a concrete injury to their associational right to exclude based on political beliefs, and that Plaintiffs have plausibly alleged an infringement of their private speech. We vacate and remand for further proceedings.�

Attorney Christine Lawson, media director for the Catoosa GOP, said the organization is pleased with the ruling: “The 11th Circuit confirmed that political parties, which are private organizations, have a Constitutionally protected First Amendment right to Freedom of Association. Simply put, the government cannot compel a political party to support candidates in partisan primaries that they have determined do not support established party principles.�

Steven Henry, chair of the Catoosa County Board of Commissioners and one of the candidates who sued the GOP for rejecting him from the ballot, said he has no problem with the 11th CircuitÐÔÊӽ紫ý ruling. “I wish it had not been dismissed by the district court,â€� he said, “I think itÐÔÊӽ紫ý important enough to be heard.â€�

Henry said he thinks people should be able to vote for the candidate they want in the primaries and the purpose of the party, Republican or Democrat, should be to support that candidate.