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.^[4]

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.^[5]

Results

Amendment 1^[6]
Choice	Votes	%
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

References

↑ Official Results of the November 2, 2004 General Election, Georgia Secretary of State. Accessed 18 December 2006.
↑ CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
↑ Constitution of the State of Georgia, Article I, section IV, Georgia Secretary of State. Accessed 18 December 2006.
1 2 Same-Sex Marriage Amendment Is Struck Down by Georgia Judge - New York Times -- Accessed 30 October 2008
↑ "Couples across metro marry after same-sex ruling by Supreme Court". Retrieved 2015-06-27.
↑ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013.

External links

The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics

Same-sex marriage in the United States

Main articles History Timeline State constitutional amendments banning (List by type) Public opinion Status of unions by state Law Legislation Municipal domestic partnership registries Rights and responsibilities of marriage Federal government

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Mariana Islands Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming

Tribal sovereign nations	Blackfeet Nation Central Council of the Tlingit and Haida Indian Tribes of Alaska Cheyenne and Arapaho Tribes Confederated Tribes of the Colville Reservation Confederated Tribes of Siletz Indians Confederated Tribes of the Grand Ronde Community of Oregon Coquille Indian Tribe Eastern Shoshone Tribe Fort McDermitt Paiute and Shoshone Tribes Fort McDowell Yavapai Nation Grand Portage Band of Chippewa Iipay Nation of Santa Ysabel Keeweenaw Bay Indian Community Lac du Flambeau Band of Lake Superior Chippewa Leech Lake Band of Ojibwe Little Traverse Bay Bands of Odawa Indians Mashantucket Pequot Tribal Nation Northern Arapaho Tribe Oglala Sioux Tribe Oneida Tribe of Indians of Wisconsin Pascua Yaqui Tribe Pokagon Band of Potawatomi Indians Port Gamble S’Klallam Tribe Puyallup Tribe of Indians Salt River Pima-Maricopa Indian Community San Carlos Apache Tribe Suquamish Tribe

Civil unions or domestic partnerships also offered	California Colorado District of Columbia Hawaii Illinois Maine Maryland Nevada New Jersey Oregon Washington Wisconsin

Recognition of same-sex unions undefined by law	American Samoa

U.S. same-sex unions ballot measures

1990s	Hawaii Constitutional Amendment 2 (1998, see note¹) Alaska Ballot Measure 2 (1998, Ban)

2000s	California Proposition 22 (2000, Ban) Nebraska Initiative 416 (2000, Ban) Nevada Question 2 (2002, Ban) Arkansas Constitutional Amendment 3 (2004, Ban) Georgia Constitutional Amendment 1 (2004, Ban) Kentucky Constitutional Amendment 1 (2004, Ban) Louisiana Constitutional Amendment 1 (2004, Ban) Michigan Proposal 04-2 (2004, Ban) Mississippi Amendment 1 (2004, Ban) Missouri Constitutional Amendment 2 (2004, Ban) Montana Initiative 96 (2004, Ban) North Dakota Constitutional Measure 1 (2004, Ban) Ohio Issue 1 (2004, Ban) Oklahoma Question 711 (2004, Ban) Oregon Ballot Measure 36 (2004, Ban) Utah Constitutional Amendment 3 (2004, Ban) Kansas Amendment 1 (2005) Texas Proposition 2 (2005, Ban) Alabama Amendment 774 (2006) Arizona Proposition 107 (2006, Constitutional ban defeated) Colorado Amendment 43 (2006, Ban) Idaho Amendment 2 (2006) South Carolina Amendment 1 (2006, Ban) South Dakota Amendment C (2006) Tennessee Amendment 1 (2006, Ban) Marshall-Newman Amendment (Virginia) (2006, Ban) Wisconsin Referendum 1 (2006, Ban) Arizona Proposition 102 (2008, Ban) California Proposition 8 (2008, Ban) Florida Amendment 2 (2008, Ban) Maine Question 1 (2009, Legalizing legislation defeated)

2010s	North Carolina Amendment 1 (2012, Ban) Maine Question 1 (2012, Legalization) Maryland Question 6 (2012, Legalization) Minnesota Amendment 1 (2012, Proposed ban defeated) Washington Referendum 74 (2012, Legalization)

¹: De facto ban, granted Legislature authority to ban same-sex marriage. Reversed in 2013 by the Hawaii Marriage Equality Act.

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Georgia Constitutional Amendment 1

Results

See also

References

External links