411 REFERENCE · Wikipedia
2004 Georgia Amendment 1
Reference material by Wikipedia contributors. This retains its source identity and is not 411 news reporting.
Referendum banning same-sex marriage
February 2026
September 2023
Amendment 1 Shall the Constitution be amended so as to provide that this state shall recognize as marriage only the union of man and woman?October 30, 2004 Election 2004: Sample Ballot for Gwinnett County https://www.newspapers.com/article/the-atlanta-constitution-election-2004/207670029/ October 5, 2026 The Atlanta Journal-Constitution Newspapers.com November 2, 2004 Georgia (U.S. state) 2,454,930 768,716 3,301,875 4,248,837 75.87 250px County results
Yes
#2B2457 90–100% 1px #AAAAAA solid
#28497C 80–90% 1px #AAAAAA solid
#47729E 70–80% 1px #AAAAAA solid
#7D9CBB 60–70% 1px #AAAAAA solid
#B6C8D9 50–60% 1px #AAAAAA solid
Georgia Constitutional Amendment 1Official Results of the November 2, 2004 General Election https://web.archive.org/web/20061213232050/http://www.sos.state.ga.us/elections/election_results/2004_1102/judicial.htm#qa December 13, 2006 , Georgia Secretary of State. Accessed 18 December 2006. 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.CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
The text of the amendment states:
(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.Constitution of the State of Georgia https://web.archive.org/web/20070112024646/http://www.sos.state.ga.us/elections/2003_constitution.pdf 2007-01-12 , Article I, section IV, Georgia Secretary of State. Accessed 18 December 2006.
The amendment was challenged in court. On May 16, 2006, a lower court in Georgia struck down the amendment,Same-Sex Marriage Amendment Is Struck Down by Georgia Judge - New York Times -- Accessed 30 October 2008 but on July 7, 2006, the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.Georgia Court Upholds a Referendum Banning Same-Sex Marriage - New Your Times -- Accessed 30 October 2008
As a result of the Supreme Court ruling in Obergefell v. Hodges Amendment 1 was declared unconstitutional on June 26, 2015, legalizing same-sex marriage in Georgia. Couples across metro marry after same-sex ruling by Supreme Court http://www.wsbtv.com/news/news/local/couples-across-metro-marry-after-same-sex-ruling-s/nmmth/ 2015-06-27 2015-06-28 https://web.archive.org/web/20150628221757/http://www.wsbtv.com/news/news/local/couples-across-metro-marry-after-same-sex-ruling-s/nmmth/ dead
Results
Amendment 1http://elections.gmu.edu/Turnout_2004G.html 2004 General Election Turnout Rates United States Election Project June 4, 2013 dead https://web.archive.org/web/20130709145327/http://elections.gmu.edu/Turnout_2004G.html July 9, 2013 2454930 768716
See also
LGBT rights in Georgia (U.S. state)
References
External links
The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics https://web.archive.org/web/20120328224424/http://www.followthemoney.org/press/ReportView.phtml?r=236&ext=17 2012-03-28
Category:U.S. state constitutional amendments banning same-sex unions
Category:2004 in LGBTQ history
Category:LGBTQ in Georgia (U.S. state)
Category:2004 Georgia (U.S. state) elections
Category:2004 ballot measures in the United States
Category:Georgia (U.S. state) ballot measures
Category:Same-sex marriage ballot measures in the United States
Category:U.S. state constitutional amendments