The Georgia Supreme Court on Oct.16 unanimously confirmed the razor thin re-election victory of lesbian Atlanta City Councilmember Anne Fauver over gay opponent Steve Brodie, erasing doubt over who will continue to represent District 6.

The court’s seven justices ruled that nine write-in ballots that were in dispute were for candidates not qualified to serve if elected.

“Because unqualified write-in candidates cannot assume office, counting the write-in votes for these unqualified candidates would be a futile act by the board,” the ruling states.

Fauver, who defeated Brodie by only five votes in November 2005, said the state Supreme Court’s ruling “vindicated” her.

“I feel vindicated that the court unanimously supported our position and also that it confirmed the decision of the voters in the district,” Fauver said. “I’m looking forward to continue serving them as my constituents.”

Brodie vowed to continue being active in his neighborhood and in the fight for gay rights. The district includes the neighborhoods of Midtown, Ansley Park and the Virginia-Highlands, and has a large population of gay residents.

“First of all, I want to congratulate Anne Fauver on her win in the November election,” Brodie said. “I’m really looking forward to working with her on the issues.”

Brodie said he filed the lawsuit over concerns about voting rights in the state.

“I really believe the state legislature has to address this issue. I pursued this on future potential problems,” he said.

According to state law, in order to win an election without a runoff, a candidate must receive 50 percent plus one of the votes cast. Brodie contended that if the nine write-in ballots were included in the total vote count, Fauver would have received 49.97 percent of the vote.

On Nov. 17, a recount, which was certified by the Fulton County Board of Elections, showed Fauver received 2,864 votes to Brodie’s 2,859. On Nov. 21, Brodie filed a lawsuit against Fauver and two members of the election commission board asking that his loss be overturned.

Fulton County Superior Court Judge Hilton Fuller ruled Dec. 29 that the results in the race were valid, leading Brodie to file an appeal Jan. 6 with the state Supreme Court. Brodie also challenged the ballot design, which featured a space for a write-in candidate even though there were no certified write-in candidates in the District 6 race.