Georgia Constitutional Amendment 1 (2004)
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Georgia Constitutional Amendment 1
, Georgia Secretary of State. Accessed 18 December 2006. of 2004, is an amendment to the Georgia Constitution that previously made it unconstitutional for the state to recognize or perform
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s or
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. The referendum was approved by 76% of the voters.CNN.com Election 2004 - Ballot Measures
Accessed 30 November 2006. The text of the amendment states: :(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.Constitution of the State of Georgia
, Article I, section IV, Georgia Secretary of State. Accessed 18 December 2006. The amendment was challenged in court. On May 16, 2006, a lower court in Georgia struck down the amendment,
/ref> but on July 7, 2006, the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.
/ref> As a result of the Supreme Court ruling in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'' Amendment 1 was declared unconstitutional on June 26, 2015, legalizing same-sex marriage in Georgia.


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LGBT rights in Georgia (U.S. state) LGBT residents in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT Georgians. LGBT rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activi ...


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The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics
{{LGBT in Georgia (U.S. state) U.S. state constitutional amendments banning same-sex unions 2004 in LGBT history LGBT in Georgia (U.S. state) 2004 Georgia (U.S. state) elections 2004 ballot measures Georgia (U.S. state) ballot measures Same-sex marriage ballot measures in the United States