| Part of the LGBT rights series |
 LGBTQportal |
Same-sex marriage has been legal in the U.S. state of Georgia since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Attorney General Sam Olens announced that Georgia would "adhere to the ruling of the Court", [1] and the first couple married just one hour after the ruling was handed down. [2] Previously, Georgia had banned same-sex marriage both by statute and its State Constitution. [3]
On November 2, 2004, voters passed Amendment 1, a constitutional amendment banning same-sex marriage. State statutes also banned same-sex marriage and prohibited the recognition of same-sex marriages performed in other jurisdictions. [4]
A few municipal entities, including Athens, Atlanta, Avondale Estates, Clarkston, Decatur, Doraville, East Point, Savannah, [5] Pine Lake, and DeKalb and Fulton counties, have established a domestic partnership registry for city or county employees. This provides the couples limited legal benefits, including health care benefits. [6]
In 2000, Susan Burns and Debra Jean Freer filed Burns v. Freer seeking recognition of their Vermont civil union. Fulton County Superior Court Judge Larry Salmon ruled against the couple on January 30, 2001, finding that a civil union could not be recognized in Georgia as equivalent to a marriage. On January 23, 2002, the Georgia Court of Appeals declared civil unions invalid in Georgia. [7]
On May 17, 2006, Fulton County Superior Court Judge Constance C. Russell ruled that Amendment 1 violated procedural rules of the Constitution of Georgia that ballot questions should be limited to a single subject. Russell said, "People who believe marriages between men and women should have a unique and privileged place in our society may also believe that same-sex relationships should have some place although not marriage. The single-subject rule protects the right of those people to hold both views and reflect both judgments by their vote." Governor Sonny Perdue said, "The people of Georgia knew exactly what they were doing when an overwhelming 76 percent voted in support of this constitutional amendment. It is sad that a single judge has chosen to reverse this decision.", and announced plans to appeal to the Georgia Supreme Court. [8] On July 7, 2006, the Georgia Supreme Court reversed the lower court ruling and declared the 2004 constitutional amendment valid in Perdue v. O'Kelley. [9]
On April 22, 2014, three same-sex couples and a widow, represented by Lambda Legal, filed a lawsuit in the U.S. District Court for the Northern District of Georgia on behalf of themselves and all unmarried same-sex couples and all state residents who had married same-sex spouses in other jurisdictions. Another couple was later added to the suit, which was assigned to Judge William S. Duffey Jr. Two of the four couples had married in Connecticut and New Hampshire. The suit, Inniss v. Aderhold, named Deborah Aderhold, the State Registrar and Director of Vital Records, as the principal defendant. The Attorney General of Georgia, Sam Olens, filed a motion to dismiss in September 2014, [10] and the defendants later argued for an extension to file their briefs because of the volatility of same-sex marriage cases around the country. Judge Duffey granted an extension to October 22, 2014. On January 8, 2015, Judge Duffey denied the defendants' motion to dismiss. [11] He found that the plaintiffs were asserting they had a fundamental right to marry a partner of the same sex, which was not a right protected by the Due Process Clause of the U.S. Constitution. Since a fundamental right was not at issue, he explained he would assess Georgia's ban under the least restrictive standard of review, rational basis. He denied the motion to dismiss because the state defendants had not yet met the rational basis standard by explaining the link between Georgia's ban on same-sex marriage and the state's interest in "child welfare and procreation". [12]
On January 20, 2015, the defendants asked Judge Duffey to suspend proceedings until the U.S. Supreme Court ruled in pending same-sex marriage cases, [13] and the plaintiffs supported that request on January 27. [14] On January 29, the court suspended some proceedings, but allowed the parties to appeal his earlier order to the Eleventh Circuit, so that court would have a wider set of arguments to consider along with the Florida case, Brenner v. Scott . On June 26, 2015, the Supreme Court ruled in Obergfell v. Hodges that the Due Process and Equal Protection clauses of the Fourteenth Amendment guarantee same-sex couples the right to marry. The decision legalized same-sex marriage nationwide in the United States. Governor Nathan Deal said, "While I believe that this issue should be decided by the states and by legislatures, not the federal judiciary, I also believe in the rule of law...The state of Georgia is subject to the laws of the United States, and we will follow them." Attorney General Olens also said he opposed the court ruling but that "Georgia will follow the law and adhere to the ruling of the Court". He instructed state agencies and state employees to treat same-sex couples equally to different-sex couples, and instructed county clerks to issue marriage licenses to same-sex couples. All counties began immediately issuing marriage licenses to same-sex couples or announced their intention to do so. [15]
Emma Foulkes and Petrina Bloodworth were the first same-sex couple to marry in Georgia just one hour after the Supreme Court's ruling. Fulton County Judge Jane Morrison officiated at their marriage at the Fulton County Courthouse in Atlanta. The Mayor of Atlanta, Kasim Reed, said, "Today is a historic occasion for the City of Atlanta, for Georgia and for America. The Supreme Court's ruling marks a momentous victory for freedom, equality, and love. It is clear that the arc of history continues to bend ever closer toward justice." [16] Jeff Graham, the executive director of Georgia Equality, issued the following statement: "The United States Supreme Court has ruled in favor of the freedom to marry across the nation. It's a national victory – and it means that soon, thousands of loving, committed couples throughout the United States – including our state of Georgia – will be able to say 'I do' and at last be respected under the law." [17] Christie and Kindra Baer, a couple for 13 years, were the first to receive a marriage license in Savannah, [18] and Moriah Martin and Jordyn Dolente were the first to marry in Athens just after 2 p.m. at the Clarke County Courthouse. [19] Taylor Nash and Kelly Martinelli were the first same-sex couple to marry in Gwinnett County. Representative John Lewis welcomed the court ruling, saying, "Races don't fall in love, genders don't fall in love--people fall in love.", and Representative Hank Johnson called it "historic". Bernice King, CEO of The King Center and daughter of Martin Luther King Jr., said, "It is my sincere prayer that this ruling helps to alleviate violence, in all forms, including physical force, toward our LGBT brothers and sisters; and that the Supreme Court ruling encourages the global community to respect and embrace all LGBT global citizens with dignity and love. In the words of our founder and my mother, Coretta Scott King, 'The Civil Rights Movement that I believe in thrives on unity and inclusion, not division and exclusion.'" [19] State Senator Vincent Fort said the decision was "a victory not just for the LGBT community but for all Americans who believe in justice", and Rob Wright, the Episcopal Bishop of Atlanta, said, "In the days ahead, whatever your position, I ask you to keep close to your heart and lips the words of scripture, that "God is love." Christ's church is trans-political, above all earthly partisanship. Therefore, if love has won even a small victory today, then let us rejoice." [19]
Following the overturning of Roe v. Wade in June 2022 by the U.S. Supreme Court, several state lawmakers expressed concern that Obergefell could be at risk. Representative Sam Park said, "The same-sex marriage ban is still on the books, and my understanding is that it would go into effect if the Supreme Court overturns the Obergefell opinion." Governor Brian Kemp said he continued to personally oppose same-sex marriage but that " Dobbs' majority opinion states that Obergefell is settled". Stacey Abrams, Kemp's opponent in the 2022 gubernatorial election, pledged to "codify marriage equality into our state's laws". [20]
Data from the 2000 U.S. census showed that 19,288 same-sex couples were living in Georgia. By 2005, this had increased to 24,424 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 1.1% of coupled households and 0.6% of all households in the state. Most couples lived in Fulton, DeKalb and Cobb counties. Same-sex partners in Georgia were on average younger than opposite-sex partners, and more likely to be employed. In addition, the average and median household incomes of same-sex couples were higher than different-sex couples, but same-sex couples were far less likely to own a home than opposite-sex partners. 20% of same-sex couples in Georgia were raising children under the age of 18, with an estimated 8,852 children living in households headed by same-sex couples in 2005. [21]
The 2020 U.S. census showed that there were 20,985 married same-sex couple households (9,578 male couples and 11,407 female couples) and 16,455 unmarried same-sex couple households in Georgia. [20] [22]
| Poll source | Dates administered | Sample size | Margin of error | Support | Opposition | Do not know / refused |
|---|---|---|---|---|---|---|
| Public Religion Research Institute | March 9 – December 7, 2023 | 546 adults | ± 0.82%1 | 61% | 36% | 3% |
| Public Religion Research Institute | March 11 – December 14, 2022 | ? | ? | 62% | 36% | 2% |
| Public Religion Research Institute | March 8 – November 9, 2021 | ? | ? | 60% | 37% | 3% |
| Public Religion Research Institute | January 7 – December 20, 2020 | 1,770 adults | ? | 61% | 32% | 7% |
| Public Religion Research Institute | April 5 – December 23, 2017 | 2,171 adults | ? | 52% | 39% | 9% |
| Public Religion Research Institute | May 18, 2016 – January 10, 2017 | 2,928 adults | ? | 51% | 38% | 11% |
| Public Religion Research Institute | April 29, 2015 – January 7, 2016 | 2,393 adults | ? | 45% | 47% | 8% |
| Public Religion Research Institute | April 2, 2014 – January 4, 2015 | 1,657 adults | ? | 44% | 47% | 9% |
| The Atlanta Journal-Constitution | September 12–17, 2013 | 801 adults | ± 5.0% | 48% | 43% | 9% |
| Rosetta Stone Communications/Landmark Communications | May 10, 2012 | 600 voters | ± 4.0% | 27% | 59% | 14% |
Notes:
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
Georgia Constitutional Amendment 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.
Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.
Same-sex marriage has been legal in Louisiana since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The court held that the denial of marriage rights to same-sex couples is unconstitutional, invalidating Louisiana's ban on same-sex marriage. The ruling clarified conflicting court rulings on whether state officials are obligated to license same-sex marriages. Governor Bobby Jindal confirmed on June 28 that Louisiana would comply with the ruling once the Fifth Circuit Court of Appeals reversed its decision in a Louisiana case, which the Fifth Circuit did on July 1. Jindal then said the state would not comply with the ruling until the U.S. District Court for the Eastern District of Louisiana reversed its judgment, which it did on July 2. All parishes now issue marriage licenses in accordance with federal law.
Same-sex marriage has been legal in Alabama since June 26, 2015, in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling, copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling, twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously, Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996, by statute in 1998, and by constitutional amendment in June 2006.
Same-sex marriage has been legal in Ohio since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.
Same-sex marriage is not currently performed in American Samoa, though same-sex marriages from other jurisdictions are recognized. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the U.S. Constitution guarantees same-sex couples the right to marry. The ruling legalized same-sex marriage nationwide in the United States; however, it is uncertain how the ruling applies to American Samoa as the territory is unincorporated and unorganized. In July 2015, Governor Lolo Matalasi Moliga said he believed that the Supreme Court's ruling does not apply to American Samoa.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.
Same-sex marriage became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.
Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.
Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.
The lead cases on same-sex marriage in Kentucky are Bourke v. Beshear, and its companion case Love v. Beshear. In Bourke, a U.S. district court found that the Equal Protection Clause requires Kentucky to recognize valid same-sex marriages from other jurisdictions. In Love, the same court found that this same clause renders Kentucky's ban on same-sex marriage unconstitutional. Both decisions were stayed and consolidated upon appeal to the Sixth Circuit Court of Appeals, which heard oral arguments in both cases on August 6, 2014. On November 6, the Sixth Circuit upheld Kentucky's ban on same-sex marriage.
Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.
Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.
Same-sex marriage has been legal in Missouri since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.
Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.
De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.
Same-sex marriage has been legal in Puerto Rico since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the court ruled that bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples could begin applying for marriage licenses on July 13, and the first marriages occurred on July 17, 2015.
Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.
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