State Laws and Legislation

Georgia Marriage/Relationship Recognition Law

Licenses marriages for same-sex couples? No.

Honors marriages of same-sex couples from other jurisdictions? No.
Georgia law states: “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. No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriages 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.”

The Georgia Constitution 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." This amendment was struck down by a trial court in May 2006, but then upheld by the state supreme court in July 2006.

Any form of statewide relationship recognition for same-sex couples? No.

Citation: GA. CODE ANN. § 19-3-3.1; GA. CONST. Art. I., §IV.

Updated: Fri, March 09, 2007 - 12:00:17