Georgia Constitutional Amendment 1

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Georgia Constitutional Amendment 1[1] of 2004, is an amendment to the Georgia Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 76% of the voters.[2]

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.[3]

The amendment was challenged in court. On May 16, 2006 a lower court in Georgia struck down the amendment,[4] but on July 7, 2006 the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.[4]


Amendment 1[5]
Choice Votes  %
Referendum passed Yes 2,454,930 76.2
No 768,716 23.8
Total votes 3,223,646 100.00
Registered voters and turnout 5,878,186 54.84

See also[edit]

The Supremacy Clause is the provision in Article Six, Clause 2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land". It provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.


  1. ^ Official Results of the November 2, 2004 General Election, Georgia Secretary of State. Accessed 18 December 2006.
  2. ^ Election 2004 - Ballot Measures Accessed 30 November 2006.
  3. ^ Constitution of the State of Georgia, Article I, section IV, Georgia Secretary of State. Accessed 18 December 2006.
  4. ^ a b Same-Sex Marriage Amendment Is Struck Down by Georgia Judge - New York Times -- Accessed 30 October 2008
  5. ^ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. 

External links[edit]