Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Ga. Const. art. I, § IV, ¶ I — Recognition of marriage | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE I. BILL OF RIGHTS

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.

(Ga. Const. 1983, Art. 1, § 4, Para. 1, approved by Ga. L. 2004, p. 1111, § 1/SR 595.)

Editor's notes.

- The constitutional amendment (Ga. L. 2004, p. 1111, § 1) which added Section IV and this Paragraph was approved by a majority of the qualified voters voting at the general election held on November 2, 2004.

Law reviews.

- For article, "A Holy Secular Institution," see 58 Emory L.J. 1123 (2009). For article, "Polygamous Unions? Charting the Contours of Marriage Law's Frontier," see 64 Emory L.J. 1669 (2015). For article, "Why Two In One Flesh? The Western Case for Monogamy Over Polygamy," see 64 Emory L.J. 1675 (2015). For article, "Should Civil Marriage Be Opened Up to Multiple Parties," see 64 Emory L.J. 1747 (2015). For article, "Three May Not Be a Crowd: The Case for a Constitutional Right to Plural Marriage," see 64 Emory L.J. 1977 (2015). For article, "The Evolution of Plural Parentage Applying Vulnerability Theory to Polygamy and Same Sex Marriage," see 64 Emory L.J. 2047 (2015). For article, "Polygyny and Violence Against Women," see 64 Emory L.J. 1767 (2015). For article, "Judging Congressional Elections," see 51 Ga. L. Rev. 359 (2017). For comment, "L'Amour for Four: Polygyny, Polyamory, and the State's Compelling Economic Interest in Normative Monogamy," see 64 Emory L.J. 2093 (2015).

JUDICIAL DECISIONS

Constitutionality.

- Prohibition against recognizing same-sex unions as entitled to the benefits of marriage was not "dissimilar and discordant" to the objective of reserving the status of marriage and its attendant benefits exclusively to unions of man and woman; Ga. Const. 1983, Art. I, Sec. IV, Para. I did not violate the multiple-subject matter rule. Perdue v. O'Kelley, 280 Ga. 732, 632 S.E.2d 110 (2006).