Georgia Constitutional Amendment 1[4] 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.[5]
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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.[6]
The amendment was challenged in court. On May 16, 2006, a lower court in Georgia struck down the amendment,[7] but on July 7, 2006, the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.[8]
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.[9]
Pre-decision opinion polls
edit| Date of opinion poll | Conducted by | Sample size | In favor | Against | Undecided | Margin | Margin of Error | Source |
|---|---|---|---|---|---|---|---|---|
| Before October 26, 2004 | The Atlanta Journal-Constitution / WSB-TV | ? | +60% | ? | ? | ? | ? | [10] |
| Early October 2004 | The Atlanta Journal-Constitution Poll | 800 registered voters | 75% | 20% | 5% | 55% pro | ±3.5% | The Atlanta Journal-Constitution |
| September 2004 | University of Georgia Survey Research Center | 1,000 respondents | 70-75% | 20-25% | Not specified | 50% pro | ±4% | University of Georgia Survey Research Center |
Results
edit| Choice | Votes | % |
|---|---|---|
 Yes
|
2,454,930 | 76.25 |
| No | 768,716 | 23.85 |
| Total votes | 3,223,646 | 100.00 |
Effects
editThe amendment constitutionally banned same-sex marriages, which were never recognized by the state and was statutorily banned since 1996, and civil unions or civil union equivalents, which were never recognized by the state. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages or civil unions or civil union equivalents and preempted the Georgia General Assembly from enacting a statute legalizing same-sex marriages or civil unions or civil union equivalents. Domestic partnerships in Georgia, legal in 2 counties and 5 municipalities at the time, were unaffected by the amendment.
Lawsuits
editO'Kelley v. Cox
editO'Kelley v. Cox was a case filed on July 23, 2004, concerning the constitutionality of a proposed amendment to the Georgia Constitution that sought to ban same-sex marriage. The case focused on whether the proposed amendment complied with the state's single-subject rule for constitutional amendments. On September 29, 2004, Fulton County Superior Court Judge Constance C. Russell denied the plaintiffs' request for injunctive relief and dismissed the complaint, ruling that the proposed amendment was valid and could appear on the ballot. The plaintiffs appealed the decision to the Georgia Supreme Court. The Georgia Supreme Court issued a 5-2 ruling on October 26, 2004, upholding the trial court's decision. The court ruled that the proposed amendment did not violate the single-subject rule of the Georgia Constitution. The decision allowed the amendment to proceed to the ballot, where it was subsequently approved by voters in November 2004.[12][10]
Perdue v. O'Kelley
editPerdue v. O'Kelley was a legal case filed on March 10, 2006, which challenged the validity of Constitutional Amendment 1. The plaintiffs in Perdue v. O'Kelley argued that the amendment violated the Georgia Constitution's single-subject rule, which mandates that amendments must address only one issue. They contended that the amendment's broad language encompassed multiple issues and was therefore unconstitutional. On May 17, 2006, Fulton County Superior Court Judge Constance C. Russell ruled that the amendment violated the single-subject rule of the Georgia Constitution. Judge Russell determined that the amendment addressed more than one subject, which was not permitted under Georgia law. However, the court's decision was primarily concerned with procedural issues rather than the substantive constitutionality of the amendment itself. Her ruling did not impact the statutory prohibition on same-sex marriage in Georgia, which remained in effect. The ruling was appealed to the Georgia Supreme Court. On July 6, 2006, the Georgia Supreme Court, in a 6-0 ruling, with Justice Harold D. Melton not participating, reversed the lower court's decision and upheld the amendment. The court ruled that the amendment did not violate the single-subject rule and that it was valid under the Georgia Constitution. The decision allowed the amendment take effect again.[13][14]
See also
editReferences
edit- ^ Georgia Election Results Official Results of the November 2, 2004 General Election
- ^ Voter Turnout by Demographics
- ^ OFFICIAL GENERAL ELECTION RESULTS FOR UNITED STATES PRESIDENT NOVEMBER 2, 2004
- ^ Official Results of the November 2, 2004 General Election Archived December 13, 2006, at the Wayback Machine, Georgia Secretary of State. Accessed 18 December 2006.
- ^ CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
- ^ Constitution of the State of Georgia Archived 2007-01-12 at the Wayback Machine, Article I, section IV, Georgia Secretary of State. Accessed 18 December 2006.
- ^ Same-Sex Marriage Amendment Is Struck Down by Georgia Judge - New York Times -- Accessed 30 October 2008
- ^ Georgia Court Upholds a Referendum Banning Same-Sex Marriage - New Your Times -- Accessed 30 October 2008
- ^ "Couples across metro marry after same-sex ruling by Supreme Court". Archived from the original on June 28, 2015. Retrieved June 27, 2015.
- ^ a b "Judge Denies Injunction to Block Marriage Amendment". AccessWDUN. October 19, 2004. Archived from the original on August 9, 2024. Retrieved August 9, 2024.
- ^ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. Archived from the original on July 9, 2013.
- ^ "O'Kelley v. Cox". Justia. 2004. Retrieved August 9, 2024.
- ^ "Perdue v. O'Kelley". Justia. 2006. Retrieved August 9, 2024.
- ^ "Georgia Court Upholds Referendum Banning Same-Sex Marriage". The New York Times. July 7, 2006. Retrieved August 9, 2024.