View source for 2004 Georgia Amendment 1

{{Short description|Referendum banning same-sex marriage}}
{{Use mdy dates|date=September 2023}}
{{Infobox referendum|name=Amendment 1|title='''''Definition of Marriage Amendment'''''|date=November 2, 2004|country=Georgia (U.S. state)
|yes=2,454,930
|no=768,716
|total=3,301,875
| electorate = 4,248,837
| turnoutpct = 75.87
|map=[[File:2004 Georgia Amendment 1 results map by county.svg|290px]]|mapcaption={{col-begin}}
{{col-2}}
'''Yes'''
{{legend|#2B2457|90%–100% |border=1px #AAAAAA solid}}
{{legend|#28497C|80%–90% |border=1px #AAAAAA solid}}
{{legend|#47729E|70%–80% |border=1px #AAAAAA solid}}
{{legend|#7D9CBB|60%–70% |border=1px #AAAAAA solid}}
{{legend|#B6C8D9|50%–60% |border=1px #AAAAAA solid}}
{{col-end}}|notes=Sources:<ref>[https://sos.ga.gov/sites/default/files/2022-01/november_2004_generalelection_totals.pdf Georgia Election Results Official Results of the November 2, 2004 General Election]</ref><ref>[https://sos.ga.gov/sites/default/files/bulk/Voter_Turn_Out_By_Demographics.zip Voter Turnout by Demographics]</ref><ref>[https://web.archive.org/web/20090513011625/http://www.fec.gov/pubrec/fe2004/2004pres.pdf OFFICIAL GENERAL ELECTION RESULTS FOR UNITED STATES PRESIDENT NOVEMBER 2, 2004]</ref>}}

'''Georgia Constitutional Amendment 1'''<ref name="GA results">[http://www.sos.state.ga.us/elections/election_results/2004_1102/judicial.htm#qa Official Results of the November 2, 2004 General Election] {{Webarchive|url=https://web.archive.org/web/20061213232050/http://www.sos.state.ga.us/elections/election_results/2004_1102/judicial.htm#qa |date=December 13, 2006 }}, Georgia Secretary of State.  Accessed 18 December 2006.</ref> of 2004, is an amendment to the [[Constitution of Georgia (U.S. state)|Georgia Constitution]] that previously [[U.S. state constitutional amendments banning same-sex unions|made it unconstitutional for the state to recognize]] or perform [[same-sex marriage]]s or [[civil union]]s. The referendum was approved by 76% of the voters.<ref name="CNN ballot 2004">[http://www.cnn.com/ELECTION/2004/pages/results/ballot.measures/ CNN.com Election 2004 - Ballot Measures] Accessed 30 November 2006.</ref>

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.<ref name="GA Constitution">[http://www.sos.state.ga.us/ELECTIONS/2003_constitution.pdf Constitution of the State of Georgia] {{Webarchive|url=https://web.archive.org/web/20070112024646/http://www.sos.state.ga.us/elections/2003_constitution.pdf |date=2007-01-12 }}, Article I, section IV, Georgia Secretary of State.  Accessed 18 December 2006.</ref>

The amendment was challenged in court. On May 16, 2006, a lower court in Georgia struck down the amendment,<ref name="Supreme Court of Georgia">[https://www.nytimes.com/2006/05/17/us/17georgia.html Same-Sex Marriage Amendment Is Struck Down by Georgia Judge - New York Times -- Accessed 30 October 2008]</ref> but on July 7, 2006, the Supreme Court of Georgia overturned the lower court thus leaving the amendment as part of the Georgia Constitution.<ref name="Supreme Court of Georgia-2">[https://www.nytimes.com/2006/07/07/us/07georgia.html Georgia Court Upholds a Referendum Banning Same-Sex Marriage - New Your Times -- Accessed 30 October 2008]</ref>

As a result of the [[Supreme Court of the United States|Supreme Court]] ruling in ''[[Obergefell v. Hodges]]'' Amendment 1 was declared unconstitutional on June 26, 2015, legalizing same-sex marriage in Georgia.<ref>{{Cite web|title = Couples across metro marry after same-sex ruling by Supreme Court|url = http://www.wsbtv.com/news/news/local/couples-across-metro-marry-after-same-sex-ruling-s/nmmth/|access-date = 2015-06-27|archive-date = 2015-06-28|archive-url = https://web.archive.org/web/20150628221757/http://www.wsbtv.com/news/news/local/couples-across-metro-marry-after-same-sex-ruling-s/nmmth/|url-status = dead}}</ref>

==Pre-decision opinion polls==

{| class="wikitable"
|-
!Date of opinion poll
!Conducted by
![[Sample size]]
!In favor
!Against
!Undecided
!Margin
!Margin of Error
! Source
|-
| style="background:#f0f0f0;" | Before October 26, 2004 || ''[[The Atlanta Journal-Constitution]]'' / [[WSB-TV]] || ? || {{Yes|'''+60%'''|align=left}} || ? || ? || ? || ? || <ref name="Judge Denies Injunction to Block Marriage Amendment" />
|-
| style="background:#f0f0f0;" | Early October 2004 || ''The Atlanta Journal-Constitution'' Poll || 800 registered voters || {{Yes|'''75%'''|align=left}} || 20% || 5% || 55% pro || ±3.5% || ''The Atlanta Journal-Constitution''
|-
| style="background:#f0f0f0;" | September 2004 || [[University of Georgia]] Survey Research Center || 1,000 respondents || {{Yes|'''70-75%'''|align=left}} || 20-25% || Not specified || 50% pro || ±4% || University of Georgia Survey Research Center
|-
|}

==Results==
{{Referendum
| title = Amendment 1<ref>{{cite web |url=http://elections.gmu.edu/Turnout_2004G.html |title=2004 General Election Turnout Rates |publisher=United States Election Project |date=June 4, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130709145327/http://elections.gmu.edu/Turnout_2004G.html |archive-date=July 9, 2013 }}</ref>
| yes = 2,454,930
| yespct = 76.25
| no = 768,716
| nopct = 23.85|
}}

==Effects==
The amendment constitutionally banned same-sex marriages, which were never recognized by the state and was statutorily banned since 1996, and civil unions or civil union equivalents, which were never recognized by the state. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages or civil unions or civil union equivalents and preempted the [[Georgia General Assembly]] from enacting a statute legalizing same-sex marriages or civil unions or civil union equivalents. [[Domestic partnership in Georgia (U.S. state)|Domestic partnerships in Georgia]], legal in 2 counties and 5 municipalities at the time, were unaffected by the amendment.

==Lawsuits==
=== ''O'Kelley v. Cox'' ===

''O'Kelley v. Cox'' was a case filed on July 23, 2004, concerning the constitutionality of a proposed amendment to the Georgia Constitution that sought to ban same-sex marriage. The case focused on whether the proposed amendment complied with the state's single-subject rule for constitutional amendments. On September 29, 2004, Fulton County Superior Court Judge Constance C. Russell denied the plaintiffs' request for injunctive relief and dismissed the complaint, ruling that the proposed amendment was valid and could appear on the ballot. The plaintiffs appealed the decision to the Georgia Supreme Court. The Georgia Supreme Court issued a 5-2 ruling on October 26, 2004, upholding the trial court's decision. The court ruled that the proposed amendment did not violate the single-subject rule of the Georgia Constitution. The decision allowed the amendment to proceed to the ballot, where it was subsequently approved by voters in November 2004.<ref>{{cite web |url=https://law.justia.com/cases/georgia/supreme-court/2004/s05a0236-1.html |title=O'Kelley v. Cox |publisher=Justia |date=2004 |access-date=2024-08-09}}</ref><ref name="Judge Denies Injunction to Block Marriage Amendment">{{cite news |url=https://accesswdun.com/article/2004/10/148713 |title=Judge Denies Injunction to Block Marriage Amendment |publisher=AccessWDUN |date=October 19, 2004 |access-date=2024-08-09 |archive-url=http://web.archive.org/web/20240809165719/https://accesswdun.com/article/2004/10/148713 |archive-date=2024-08-09}}</ref>

===''Perdue v. O'Kelley''===

''Perdue v. O'Kelley'' was a legal case filed on March 10, 2006, which challenged the validity of Constitutional Amendment 1. The plaintiffs in ''Perdue v. O'Kelley'' argued that the amendment violated the Georgia Constitution's single-subject rule, which mandates that amendments must address only one issue. They contended that the amendment's broad language encompassed multiple issues and was therefore unconstitutional. On May 17, 2006, Fulton County Superior Court Judge Constance C. Russell ruled that the amendment violated the single-subject rule of the Georgia Constitution. Judge Russell determined that the amendment addressed more than one subject, which was not permitted under Georgia law. However, the court's decision was primarily concerned with procedural issues rather than the substantive constitutionality of the amendment itself. Her ruling did not impact the statutory prohibition on same-sex marriage in Georgia, which remained in effect. The ruling was appealed to the Georgia Supreme Court. On July 6, 2006, the Georgia Supreme Court, in a 6-0 ruling, with Justice [[Harold Melton|Harold D. Melton]] not participating, reversed the lower court's decision and upheld the amendment. The court ruled that the amendment did not violate the single-subject rule and that it was valid under the Georgia Constitution. The decision allowed the amendment take effect again.<ref>{{cite web |url=https://law.justia.com/cases/georgia/supreme-court/2006/s06a1574-1.html |title=Perdue v. O'Kelley |publisher=Justia |date=2006 |access-date=2024-08-09}}</ref><ref>{{cite news |url=https://www.nytimes.com/2006/07/07/us/georgia-court-upholds-a-referendum-banning-samesex-marriage.html |title=Georgia Court Upholds Referendum Banning Same-Sex Marriage |work=The New York Times |date=July 7, 2006 |access-date=2024-08-09}}</ref>

==See also==
*[[LGBT rights in Georgia (U.S. state)]]

==References==
<references/>

==External links==
* [http://www.followthemoney.org/press/ReportView.phtml?r=236 The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics] {{Webarchive|url=https://web.archive.org/web/20120328224424/http://www.followthemoney.org/press/ReportView.phtml?r=236&ext=17 |date=2012-03-28 }}

{{Same-sex marriage in the United States}}
{{U.S. same-sex unions ballot measures}}
{{LGBT in Georgia (U.S. state)}}

[[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]]