Issues
List all Issues
Policy Archive: view by date
Policy Archive: view by issue
Policy Archive: view by type
Family Sub Issues
The Marriage Debate
Marriage in the 50 States
familyfacts.org
Map of the Family





   ISSUES  > Family and Marriage
 
Georgia  
[printer-friendly]

State Information

Government Website: http://www.georgia.gov/00/channel_title/0,2094,4802_1361924,00.html

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1996 - State Law Passed  2004 - Constitutional Amendment 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes  yes 
State Law Defines Marriage between a Man and a Woman yes  yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes  yes 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no  no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

Georgia Code, Tit. 19, Chap. 3, § 3.1.

(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.

Constitutional Provision

Georgia Constitution. Art. I, § IV. Marriage.

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.

Current Legislative Activity

  • None

U.S. Senators
US Senators and their Comments on FMA

Saxby Chambliss, Republican
http://chambliss.senate.gov
As a U.S. Representative, this senator voted for the federal DOMA in 1996. The senator voted for the Federal Marriage Amendment in 2004 and 2006.

Johnny Isakson, Republican
http://isakson.senate.gov/
This senator was elected in 2004, therefore not present for the federal DOMA vote in 1996. As a member for the House, the senator voted for the Marriage Protection Amendment in 2004. The senator voted for the MPA in 2006.

State Public Policy Organizations Working on Marriage Issues

Georgia Family Council



Click here to return to the Marriage in the 50 States main page.