Kathleen Womack, Georgia Attorney, Domestic Partnership Lawyer, serving the Lesbian, Gay, Transgender, LGBT & GLBT community in Atlanta, Georgia, Wills, Advance Directive for Health Care, Power of Attorney, Estate Planning, Probate, Second Parent Adoption
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Gay Marriage in Georgia Click here to see a printer-friendly version of this page!
 

Same Sex Marriage and Civil Unions are not recognized in Georgia, under both the Georgia Constitution, and Georgia State Law. (See the text of these laws below.)

"Domestic Partner"is a term used generally in Georgia to mean either a same sex or opposite sex couple living in a committed relationship, known as a Domestic Partnership. There is no legal definition of "Domestic Partner" or "Domestic Partnership" in Georgia State law.

However, several county and city governments in Georgia provide health insurance benefits to the domestic partners of county/city employees. Also, many private employers offer health insurance to the domestic partners of their employees. Each government entity and private employer has its own requirement for establishing the domestic partnership status of their employees prior to providing health insurance benefits to the domestic partner.

Currently, Massachusetts, Connecticut, Maine, Vermont, Iowa, and in January, 2010, New Hampshire, are the only states that recognize gay marriages, although same sex couples married in those states do not have any of the Federal rights granted to opposite sex married couples. New Jersey  recognizes Civil Unions, and California, Oregon, Washington, and Nevada recognize Domestic Partnerships. New York and the District of Columbia recognize marriages by same-sex couples legally entered into in another jurisdiction. An excellent source for current information on the status of same sex union recognition in the United States is the website of the Human Rights Campaign (HRC). www.hrc.org/issues/marriage.asp

However, Georgia couples entering into a Same Sex Marriage, Civil Union or Domestic Partnership Registration from another state WILL NOT obtain any rights in Georgia as a result of that marriage, civil union, or domestic partner registration. Also "Commitment Ceremonies" performed in Georgia or any other location on the planet do not provide ANY legal status or legal protection to the relationship. The only way to obtain any legal protections for same sex relationships in Georgia is for couples to sign written documents such as those described in the Domestic Partner Package referenced in this website.

The Constitution of the State of Georgia, Article I, Section IV (GA CONST Art. 1, § 4, ¶ I)provides as follows:

ARTICLE I. BILL OF RIGHTS,SECTION IV. MARRIAGE 

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.
    Official Code of Georgia §19-3-3.1 Same sex marriage prohibited - marriages not recognized.

      (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.

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kathleen womack
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Kathleen M. Womack
Kathleen M. Womack, P.C.

Attorney At Law
750 Hammond Dr., NE
Building 9, Suite 300
Atlanta, GA 30328
404-303-0130
E-mail Kathleen

 ATLANTA, GEORGIA ATTORNEY

Wills, Estate Planning
Domestic Partnership
Domestic Partnership Agreements
Domestic Partnership Dissolutions
Second Parent Adoption
Probate of Estates
Advance Directives for Health Care
Powers of Attorney
Living Wills
Name Changes
Incorporation of Small Businesses

 
© 2010 Kathleen M. Womack, P.C..
750 Hammond Dr NE. Building 9, Suite 300. Atlanta. GA. 30328-6126. 404-303-0130.
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