Georgia Constitutional Amendment 1 (2004)
Encyclopedia
Georgia Constitutional Amendment 1 of 2004, is an amendment to the Georgia Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriage
s or civil union
s. The referendum was approved by 76% of the voters.
The text of the amendment states: 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. 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.
The amendment was challenged in court. On May 16, 2006 a lower court in Georgia struck down the amendment, but on July 7, 2006 the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s. The referendum was approved by 76% of the voters.
The text of the amendment states: 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. 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.
The amendment was challenged in court. On May 16, 2006 a lower court in Georgia struck down the amendment, but on July 7, 2006 the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.