UNITED STATES
Georgia
Higher Law. Georgia is bound by the United States Constitution, federal law, and the international obligations of the United States.
Section 2 of the federal Defense of Marriage Act purportedly authorizes the state to disregard any “relationship between persons of the same sex that is treated as a marriage under the laws of [another] State, territory, possession, or tribe, or a right or claim arising from such relationship. 28 U.S.C. § 1738C. The constitutionality of that provision is disputed.
Supreme State Law. A marriage protection amendment was added to Georgia’s constitution in 2004. It defines marriage as an exclusively opposite-sex relationship and prohibits same-sex marriages. The measure also bars the state from recognizing any same-sex “union” as “entitled to the benefits of marriage” or give effect to any out-of-state action that treats a same-sex relationship as a marriage. Although this measure presumably bars recognition of civil unions, there might be some question whether a limited domestic partnership regime is a “union” or “treat[ed] as a marriage.” Ga. Const. art. I, § IV, ¶ I.
State DOMA. Georgia enacted a state “defense of marriage” act in 1996. The law prohibits the state from recognizing or giving effect to out-of-state marriages.
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