Does the 14th Amendment require states to license same-sex marriages? Does the 14th Amendment require states to recognize same-sex marriages performed in other states? These are two questions that have been debated by constitutional scholars for years, and now these two questions are being considered by the United States Supreme Court.
Recently, the Supreme Court heard oral argument on four cases: Bourke v. Beshear, a Kentucky case; DeBoer v. Snyder, a Michigan case; Obergefell v. Hodges, an Ohio case; and, Tanco v. Haslam a Tennessee case, which will collectively be known as Obergefell v. Hodges. In these cases, the Supreme Court will determine whether the United States Constitution requires states to license marriages between two people of the same sex and where the Unites States Constitution requires states to same-sex marriages performed in other states.
The Court's decision on these two questions will be historic because it may potentially impact the laws and public policy of many states, including Georgia. According to Georgia law:
- 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.
- 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.
O.C.G.A. ยง 19-3-3.1. Put plainly, the abovementioned statute stands for the proposition that Georgia does not recognize same-sex marriage, and will not honor a same-sex marriage entered into in another state. Depending on the outcome of Obergefell v. Hodges, Georgia's current law on this subject may be challenged. The Supreme Court is expected to issue its ruling in late June or early July. Be sure to check back with our Atlanta Divorce Attorney Blog for updates after the Court issues its ruling.