Georgia
 STATUTE
Same sex marriages prohibited
(a) It is declared to be the public policy of this state
to recognize the union only of man and woman. Marriages
between persons of the same sex are prohibited in this state.
(b) No marriage between persons of the same sex shall be
recognized as entitled to the benefits of marriage. Any
marriage entered into by persons of the same sex pursuant
to a marriage license issued by another state or foreign
jurisdiction or otherwise shall be void in this state. Any
contractual rights granted by virtue of such license shall
be unenforceable in the courts of this state and the courts
of this state shall have no jurisdiction whatsoever under
any circumstances to grant a divorce or separate maintenance
with respect to such marriage or otherwise to consider or
rule on any of the parties' respective rights arising as
a result of or in connection with such marriage.
(Georgia Code Ann. section 19-3-3.1)
CONSTITUTION
The Georgia General Assembly, during the 2004 session passed
SR 595 and it was subsequently approved by the voters on
Nov. 2, 2004. Article I of the Constitution is amended by
adding a new Section IV to read as follows:
Paragraph I. Recognition of marriage. (a) This
state shall recognize as marriage only the union of man
and woman. Marriages between persons of the same sex are
prohibited in this state.
(b) No union between persons of the same sex shall be recognized
by this state as entitled to the benefits of marriage. This
state shall not give effect to any public act, record, or
judicial proceeding of any other state or jurisdiction respecting
a relationship between persons of the same sex that is treated
as a marriage under the laws of such other state or jurisdiction.
The courts of this state shall have no jurisdiction to grant
a divorce or separate maintenance with respect to any such
relationship or otherwise to consider or rule on any of
the parties' respective rights arising as a result of or
in connection with such relationship.
LITIGATION
Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App. 2002),
certiorari denied (July 15, 2002)
This case arose in the context of a divorce and a consent
order in which both parties agreed that they would not
have the children visit or stay with either of them while
that party cohabited with or had overnight stays with
an adult to whom the party was not legally married. After
obtaining a Vermont civil union license, the former wife
cohabited with her civil union partner while having the
children visit. The court held that the ex-wife violated
the consent order because the Vermont civil union was
not a marriage, and even if it were, Georgia would not
recognize it.
O'Kelley v. Cox
This case seeks to enjoin the marriage amendment that was
approved by the electorate on November 2, 2004.
O'Kelley
v. Perdue
This case argues that Georgia's marriage amendment was
passed in violation of single subject matter limitations
and on other grounds.
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