GEORGIA
[Defense of Marriage Act]
Act 755
H.B. No. 1580
MARRIAGE—PROHIBITION OF SAME SEX MARRIAGES
AN ACT to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to declare that the public policy of this state is to recognize the union only of man and woman; to prohibit marriages between persons of the same sex; to provide that marriages between persons of the same sex shall not be recognized; to provide that any marriage entered into by persons of the same sex pursuant to a marriage license issued outside of this state shall be void in this state; to provide that contractual rights granted by virtue of such a license issued outside of this state shall be unenforceable in the courts of this state; to provide that the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to a marriage between persons of the same sex or otherwise to consider or rule on any of the parties’ respective rights arising as a result of or in connection with a marriage between persons of the same sex; to prohibit the issuance of marriage licenses to persons of the same sex; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding between Code Sections 19-3-3 and 19-3- 4 a new Code Section 19-3-3.1 to read as follows:
19-3-3.1.
(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties’ respective rights arising as a result of or in connection with such marriage.
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 19-3-30, relating to the issuance, return, and recording of marriage licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
(b)(1) No marriage license shall be issued to persons of the same sex.
(2) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed.
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Approved this 2nd day of April, 1996.