The purpose of this page is to discuss the rights of gay and lesbian couples, as well as individuals.
The State of Georgia does not sanction or recognize marriage between partners of the same gender. In fact, Georgia law specifically states that it does not recognize marriages between persons of the same gender, even though they may have been legally married in another state or country that does allow such marriages. However, Atlanta, Georgia is the home of one of the largest gay and lesbian communities in the country, and therefore the legal needs of these citizens must be met. The city of Atlanta and Fulton County governments have recognized the rights of domestic partners in setting up its benefits programs, and many prominent corporate employers have done so as well.
Some issues related to domestic partners, and also single members of the gay and lesbian community, are reciprocal wills, custody and visitation of children, separation of assets, living wills, general power of attorney, and powers of attorney for health care. Partners may also enter into a Domestic Partnership Agreement, similar to a premarital agreement.
Georgia cases have also recognized the rights of gay and lesbian parents in child custody actions where the major contested issue is the sexual preference and lifestyle of the existing custodial parent, or the proposed custodial parent.
Georgia Constitution forbids same sex marriage, and any other benefits of marriage, or benefit based upon relationship similar to marriage.
Constitution of the State of Georgia, Article I, Section IV provides as follows:
Paragraph I. Recognition of marriage
(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.
GA CONST Art. 1, § 4, ¶ I
