(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.
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.
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.
Notes 1 In Kansas and Missouri, marriage bans were struck down by their relevant appeals court but licenses are only issued in select counties. 1 Marriages were entered into before the relevant rulings were stayed, and are recognised by the federal government. Over 300 "window marriages" are also recognised by the state government of Michigan. 3 Only for the purposes of death certificates.