Senate · Introduced · 2025-2026 Regular Session

SR167: SR167 Recognition of Marriage; only the union of man and woman; repeal -CA

Last action February 11, 2025 · Senate Read and Referred

A Georgia Senate resolution would ask voters to remove the state constitution's definition of marriage as only between a man and a woman, replacing it with recognition of marriage between any two people legally authorized to marry.

In plain language

Georgia's Constitution currently defines marriage in a way that recognizes only the union of a man and a woman. This resolution proposes a constitutional amendment that would repeal that section and replace it with new language recognizing as marriage any union between two people who are legally authorized to marry, regardless of race, gender, or biological sex, as long as they are of sound mind, have no living spouse from an earlier undissolved marriage, and are not related within prohibited degrees. The new language would also require Georgia to recognize marriages performed in other states or jurisdictions involving interracial couples or same-sex couples, and would give Georgia courts jurisdiction to handle divorces and related legal matters for those marriages. Because this is a constitutional amendment, it cannot take effect on its own. Voters would have to approve it in a statewide referendum, with the ballot asking whether marriage should be recognized as any union between two people authorized to marry under Georgia law regardless of race, gender, or biological sex.

What the bill does

Repeals the current constitutional section defining marriage as only between a man and a woman and enacts a new section in its place.
Recognizes as marriage any union between two people legally authorized to marry, regardless of race, gender, or biological sex, subject to existing conditions like sound mind and no undissolved prior marriage.
Requires Georgia to give legal effect to marriages of interracial or same-sex couples performed in other states or jurisdictions.
Grants Georgia courts jurisdiction to handle divorce, separate maintenance, and related legal rights for interracial or same-sex marriages.
Sends the proposed constitutional amendment to voters for ratification or rejection through a statewide ballot question.

Who it affects

Same-sex couples and interracial couples seeking marriage recognition in Georgia, couples married in other states or jurisdictions, Georgia courts handling divorce and marital rights cases, and all Georgia voters who would decide the amendment's fate at the ballot box.

Why it matters

If ratified by voters, the change would mean Georgia's Constitution no longer limits marriage to a man and a woman, and would require the state to recognize same-sex and interracial marriages performed elsewhere, affecting how courts handle divorce and related rights for those couples.

Key provisions

Section 1 repeals Article I, Section IV of the Georgia Constitution and replaces it with a new Paragraph I recognizing marriage between any two legally authorized persons regardless of race, gender, or biological sex.
The new language keeps existing restrictions requiring parties to be of sound mind, have no living spouse from an undissolved prior marriage, and not be related within prohibited degrees.
The new language requires Georgia to honor marriages of interracial or same-sex couples that are valid under another state's or jurisdiction's laws.
The new language gives Georgia courts jurisdiction over divorce, separate maintenance, and related rights for interracial or same-sex marriages.
Section 2 requires the amendment to be submitted to voters as required by Article X, Section I, Paragraph II of the Constitution, with specific ballot wording provided in the resolution.

From the bill

“Shall the Constitution of Georgia be amended so as to recognize marriage as any union between two persons authorized to marry under Georgia law regardless of race, gender, or biological sex?”
The exact question that would appear on the statewide ballot for voters to decide.

Status timeline

2025-02-11Senate Read and Referred (Senate)
2025-02-10Senate Hopper (Senate)

Topics

marriage laws
constitutional amendment
same-sex marriage
LGBTQ rights
Georgia ballot referendum