SR 167: Recognition of Marriage; only the union of man and woman; repeal -CA

Georgia's Constitution currently limits recognized marriage to unions between a man and a woman. This resolution proposes repealing that section and replacing it with new language recognizing marriage as any union between two persons legally authorized to marry, regardless of race, gender, or biological sex, as long as both are of sound mind, have no living spouse from an undissolved prior marriage, and are not related within prohibited degrees. The new language would also require Georgia to recognize marriages from other states or jurisdictions involving interracial couples or same-sex couples, and would give Georgia courts jurisdiction to handle divorce and related matters for those marriages. Because this is a constitutional amendment, it cannot take effect on its own. It must first be submitted to Georgia voters in a statewide referendum, with a specific yes-or-no ballot question written into the resolution, before it could become part of the state Constitution.

• Repeals the existing constitutional section defining marriage as only between a man and a woman and enacts a replacement section.
• Recognizes marriage as any union between two legally authorized persons regardless of race, gender, or biological sex, subject to conditions like being of sound mind and not having a living spouse from an undissolved marriage.
• Requires Georgia to recognize marriages of interracial or same-sex couples validly performed in other states or jurisdictions.
• Gives Georgia courts jurisdiction to grant divorce or separate maintenance and rule on rights arising from interracial or same-sex marriages.
• Sends the proposed constitutional amendment to Georgia voters for ratification or rejection via a specific ballot question.

Same-sex couples and interracial couples seeking marriage recognition in Georgia, Georgia courts handling divorce and marital disputes, county officials who issue marriage licenses, and all Georgia voters, who would decide the amendment's fate at the ballot box.

If ratified by voters, this would change Georgia's founding legal document to recognize same-sex and interracial marriages regardless of the current constitutional language limiting marriage to a man and a woman, affecting who can marry and how courts handle related legal matters like divorce.

• Section 1 repeals Article I, Section IV of the Georgia Constitution in its entirety and enacts a new Section IV.
• Paragraph I(a) defines recognized marriage as a union between two legally authorized persons regardless of race, gender, or biological sex, with conditions on soundness of mind, prior undissolved marriages, and prohibited degrees of relation.
• Paragraph I(b) requires Georgia to give legal effect to marriages of interracial or same-sex couples performed in other states, and grants Georgia courts jurisdiction over divorce and related rights for those marriages.
• Section 2 requires the amendment be submitted to voters with a specified ballot question, and states it becomes part of the Constitution only if ratified.

1. 2025-02-11Senate Read and Referred (Senate)
2. 2025-02-10Senate Hopper (Senate)

• RaShaun Kemp (D, SD-038)Primary sponsor
• Kim Jackson (D, SD-041)
• Harold Jones (D, SD-022)
• Elena Parent (D, SD-044)
• Kenya Wicks (D, SD-034)
• Gail Davenport (D, SD-017)
• Sonya Halpern (D, SD-039)
• Donzella James (D, SD-028)
• Michael Rhett (D, SD-033)
• Jason Esteves (D, SD-035)
• Nabilah Islam Parkes (D, SD-007)
• Derek Mallow (D, SD-002)
• Nikki Merritt (D, SD-009)
• Nan Orrock (D, SD-036)
• Ed Harbison (D, SD-015)
• Sheikh Rahman (D, SD-005)
• Sally Harrell (D, SD-040)
• Randal Mangham (D, SD-055)
• Josh McLaurin (D, SD-014)
• David Lucas (D, SD-026)

• same-sex marriage
• constitutional amendment
• marriage law
• Georgia Constitution
• interracial marriage