Omar Bennett
On November 2, 2004, Georgia voters passed Amendment 1, a legislatively referred constitutional amendment banning same-sex marriage. The amendment defined marriage as a union between a man and a woman and prohibited the recognition of marriages between persons of the same sex. This amendment was challenged in court several times, with a lower court in Georgia striking it down in 2006, but it was later upheld by the Georgia Supreme Court. In 2015, the United States Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marriage, legalizing same-sex marriage in Georgia and overturning the previous ban.
| Characteristics | Values |
|---|---|
| Year | 2004 |
| Date | November 2, 2004 |
| Name | Georgia Amendment 1, Definition of Marriage Amendment |
| Type | Legislatively referred constitutional amendment |
| Vote | Approved by 76% of voters |
| Purpose | To ban same-sex marriage |
| Outcome | Same-sex marriage banned in Georgia |
| Legal challenges | O'Kelley v. Cox, Perdue v. O'Kelley, Inniss v. Aderhold |
| Overturned by | Obergefell v. Hodges, June 26, 2015 |
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What You'll Learn
The amendment was approved by voters in 2004
The Georgia Constitutional Amendment 1 of 2004, also known as the Definition of Marriage Amendment, was approved by voters on November 2, 2004, with 76% of the vote. This amendment defined marriage as a union between a man and a woman, effectively banning the recognition of same-sex marriages and civil unions in the state of Georgia.
The process of amending the Georgia Constitution involves two mechanisms: a legislative process and a state constitutional convention. In the case of the 2004 amendment, the legislative process was followed. This required a two-thirds (66.67%) vote in both the Georgia State Senate and the Georgia House of Representatives to place the amendment on the ballot for voter approval. On March 31, 2004, the Georgia House of Representatives voted 122-52 in favour of placing the amendment on the ballot.
The approval of the amendment by voters in 2004 was not without controversy. The amendment was challenged in court, with opponents arguing that it violated the Georgia Constitution's single-subject rule, which mandates that amendments address only one issue. On May 17, 2006, a Superior Court judge ruled that the amendment violated procedural rules, but this decision was overturned by the Georgia Supreme Court on July 7, 2006, upholding the validity of the amendment.
Despite the approval of the amendment and subsequent legal rulings upholding it, public opinion in Georgia began to shift towards support for same-sex marriage. Polling in 2013 and 2023 indicated a marked growth in support for marriage equality, with a majority of Georgia residents favouring the legal recognition of same-sex marriage. This shift in public opinion reflected the changing social landscape and the increasing understanding of same-sex couples and their families.
Ultimately, the Georgia Constitutional Amendment 1 of 2004 was short-lived. On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marriage, overturning all voter-approved constitutional bans on same-sex marriage, including Georgia's amendment. This ruling ensured that all same-sex couples in Georgia and across the United States had the freedom to marry, bringing an end to marriage discrimination in the country.
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The amendment was ruled unconstitutional in 2015
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case of Obergefell v. Hodges. This ruling overturned all voter-approved constitutional bans on same-sex marriage, including Georgia Amendment 1, which was passed in 2004.
Georgia Amendment 1 was a legislatively referred constitutional amendment that defined marriage as a union between a man and a woman. It stated that:
> "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."
The amendment was challenged in court several times before it was ultimately ruled unconstitutional in 2015. In 2006, a lower court in Georgia struck down the amendment, but the Supreme Court of Georgia overturned this decision, upholding the amendment as valid. In 2014, three same-sex couples and a widow filed a lawsuit in the U.S. District Court for the Northern District of Georgia, seeking the freedom to marry. This case, Inniss v. Aderhold, was suspended pending the Supreme Court's ruling in Obergefell v. Hodges.
The 2015 ruling by the United States Supreme Court legalized same-sex marriage in Georgia and ended marriage discrimination across the country. This decision followed more than a year of marriage litigation in the state and was quickly adhered to by Georgia, with the first couple marrying just an hour after the ruling.
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The amendment process in Georgia
The Georgia Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A two-thirds (66.67%) vote is required during one legislative session for the Georgia State Legislature to place an amendment on the ballot. That amounts to a minimum of 120 votes in the Georgia House of Representatives and 38 votes in the Georgia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
According to Paragraph IV of Article X of the Georgia Constitution, a constitutional convention can occur in Georgia if a two-thirds majority of the members of both houses of the Georgia General Assembly agree to hold it. That agreement does not need to be put to a vote of the people.
Any proposal by the General Assembly to amend the Constitution or for a new Constitution may be amended or repealed by the same General Assembly that adopted such a proposal by a two-thirds affirmative vote of the members to which each house is entitled in a roll-call vote entered on their respective journals. This action must be taken at least two months before the date of the election at which such a proposal is to be submitted to the people.
A proposal by the convention to amend the Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner. If such a proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such a general election, such a proposal shall become a part of the Constitution or shall become a new Constitution.
In 2004, Georgia Amendment 1 was on the ballot as a legislatively referred constitutional amendment. It was approved by 76% of voters. The amendment banned the recognition of same-sex marriages or civil unions.
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The history of the Georgia Constitution
The US state of Georgia has had 10 constitutions, with the current one being adopted in 1983. The state's first constitution was established in 1777 and has since been updated and revised multiple times.
The second constitution was adopted in 1789, bringing the Georgia Constitution in line with the United States Constitution. The 1798 constitution introduced the popular election of the governor, while the 1861 constitution, adopted at the beginning of the Civil War, added a Bill of Rights. The 1865 constitution prohibited slavery, and the 1868 constitution established free public education.
The 1945 constitution introduced the position of lieutenant governor, and the 1976 constitution was the penultimate before the current one. The 1983 constitution brought the largest rewrite since 1877, and amendments in 1992 and 2004 allowed for the creation of the state lottery and banned recognition of same-sex marriage, respectively.
The 2004 Georgia Constitutional Amendment 1, also known as Amendment 1, was a legislatively referred constitutional amendment that banned same-sex marriage and civil unions in the state. It was approved by 76% of voters on November 2, 2004, with 1,395,759 votes in favour and 442,861 against. The amendment defined marriage as "a union between a man and a woman" and stated that Georgia would not recognise same-sex marriages performed in other states.
The amendment was challenged in court several times, with a lower court in Georgia striking it down in May 2006, ruling that it violated the state's single-subject rule for constitutional amendments. However, the Georgia Supreme Court overturned this decision in July 2006, upholding the validity of the amendment.
On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment, legalising same-sex marriage nationwide, including in Georgia.
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The legal challenges to the amendment
The Georgia Constitutional Amendment 1 of 2004, also known as the Definition of Marriage Amendment, was a legislatively referred constitutional amendment that appeared on the ballot in Georgia on November 2, 2004. It sought to define marriage as a union between a man and a woman, effectively banning the state from recognizing or performing same-sex marriages or civil unions. The amendment was approved by 76% of voters.
Legal Challenges to the Amendment
The amendment faced several legal challenges, with opponents arguing that it violated the state's single-subject rule for constitutional amendments. Here is a timeline of the key legal challenges:
O'Kelley v. Cox (2004): On July 23, 2004, a legal case was filed challenging the constitutionality of the proposed amendment, arguing that it violated the single-subject rule. On September 29, 2004, the Fulton County Superior Court Judge Constance C. Russell ruled in favour of the amendment, stating that it did not violate the single-subject rule and could appear on the ballot. The Georgia Supreme Court upheld this decision on October 26, 2004, allowing the amendment to proceed to a vote.
Perdue v. O'Kelley (2006): On March 10, 2006, another legal challenge was filed against the validity of the amendment. The plaintiffs argued that the amendment's broad language encompassed multiple issues and thus violated the single-subject rule. On May 17, 2006, Judge Constance C. Russell of the Fulton County Superior Court ruled in favour of the plaintiffs, determining that the amendment indeed addressed more than one subject, which was not permitted under Georgia law. However, this ruling did not impact the statutory prohibition on same-sex marriage in Georgia, which remained in place.
Lower Court Ruling (2006): On May 16, 2006, a lower court in Georgia struck down the amendment, likely referring to the ruling in Perdue v. O'Kelley.
Supreme Court of Georgia Ruling (2006): On July 7, 2006, the Supreme Court of Georgia overturned the lower court's decision, leaving the amendment as part of the Georgia Constitution.
Obergefell v. Hodges (2015): On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution. This ruling effectively overturned all voter-approved constitutional bans on same-sex marriage, including the Georgia Constitutional Amendment 1. As a result, same-sex marriage was legalized in Georgia.
It is worth noting that despite these legal challenges, Georgia was one of only five states with no court cases actively fighting the marriage ban as of 2020.
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Frequently asked questions
Georgia Amendment 1, the constitutional amendment defining marriage as a union between a man and a woman, was voted on and approved by 76% of voters on November 2, 2004.
The amendment was approved by voters and became part of the Georgia Constitution.
Yes, there was opposition to the amendment. On May 16, 2006, a lower court in Georgia struck it down, ruling that it violated procedural rules. However, on July 7, 2006, the Georgia Supreme Court overturned this decision and upheld the amendment.
The amendment was ultimately short-lived in its impact. On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marriage, overturning all voter-approved constitutional bans on same-sex marriage, including Georgia Amendment 1.
