Georgia Constitutional Amendment 1

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Georgia Constitutional Amendment 1[1] of 2004, is an amendment to the Georgia Constitution that previously made 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.[5]

As a result of the Supreme Court ruling in Obergefell v. Hodges Amendment 1 was declared unconstitutional on June 26, 2015, legalizing same-sex marriage in Georgia.[6]


Amendment 1[7]
Choice Votes %
Referendum passed Yes 2,454,930 76.2
No 768,716 23
Total votes 0

See also[edit]


  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. ^ Same-Sex Marriage Amendment Is Struck Down by Georgia Judge - New York Times -- Accessed 30 October 2008
  5. ^ Georgia Court Upholds a Referendum Banning Same-Sex Marriage - New Your Times -- Accessed 30 October 2008
  6. ^ "Couples across metro marry after same-sex ruling by Supreme Court". Retrieved 2015-06-27.
  7. ^ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. Archived from the original on July 9, 2013. Cite uses deprecated parameter |deadurl= (help)

External links[edit]