Georgia

Relationships

NO
Does the state allow same-sex couples to marry?
NO
Does the state recognize marriages, domestic partnerships or civil unions of same-sex couples from other jurisdictions?
NO
Does the state offer any other type of relationship recognition for same-sex couples?

 

The state constitution prohibits marriage between same-sex couples. Amended in 2004 to say: “(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.”

 

State statute prohibits marriage between same-sex couples. See Georgia Annotated Code § 19-3-3.1.

Workplace

NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
NO
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
NO
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference." 

Parenting

Miscellaneous
Who may adopt?

Any adult. See OCGA § 19-8-3.

Miscellaneous
Second-parent adoptions:

Numerous second-parent adoptions have been granted in lower courts in some jurisdictions.Results likely vary by county and by judge. Anyone considering petitioning for a second parent adoption should contact, or have their counsel contact, Lambda Legal.

 

Results vary by county and by judge. Anyone considering petitioning for a second parent adoption should contact, or have their counsel contact, Lambda Legal. State statute authorizes relinquishment of custody to a “third party” by contract, which statute was held to allow joint custody decision. See O.C.G.A. §19-7-1(b); Weiss v. Varnadore, 541 S.E.2d 448, 450 (Ga. Ct. App. 2000) (upholding a joint custody agreement based on the statute).

Photo: Alamy