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Gay Marriage Laws in Georgia


In Georgia, gay marriage is not legally recognized. In 2004, Georgia passed the Defence of Marriage Act which has also been passed by many other states. The Act defines marriage as a union between a man and a woman. However, the act was challenged in court in 2006 and was struck down in May of that year. Yet, the courts reinstated the Act in July of 2006. For two months the Act was not in effect.

However, that was not ample time to effect any change in the state of Georgia. According to the Georgia Code Title 19, marriage may be entered into by a man and a woman and there are no rights granted to same sex relationships. In fact, no rights regarding divorce or alimony shall be granted to same sex marriage. In Georgia, gay rights are not granted because the state does not legally recognize same sex relationships.

The Judge that originally overturned the Act banning gay marriage stated that Georgia was effectively taking away individual, Constitutional rights of members of the LGBT community. Because the ban covered gay marriage, civil unions and domestic partnerships, the Judge ruled that it was unjust. The Judge stated that the LGBT community must be entitled to some sort of legal recognition of their relationship, even if it was not called marriage. However, the Act was reinstated 2 months later. In Georgia, gay marriage is still explicitly illegal. In fact the legal recognition of any same sex relationship is strictly forbidden.

Many people prefer to focus on the positive aspects associated with same sex marriage. One of the gay marriage pros is the acquisition of rights granted to marriages. However, Georgia does not legally recognize any of those benefits or responsibilities. Many advocates in the LGBT community are the voice of the many other gay marriage pros. For instance, gay marriage pros include the ability to make decisions about a partners health care, as a basic right. In addition, gay marriage pros include the right to mutual estate planning and the right to inherit a partners property. One of the largest gay marriage pros is the psychological and health benefits found among married couples.

In Georgia, gay rights have been violated on several fronts. For instance, there is no legally recognizable term for same sex relationships. In fact, same sex partners are not entitled to any legal rights that would result from their relationship. In Georgia, gay marriage is not likely to be recognized in the immediate future. While there are many gay marriage pros, many state governments tend to focus on the cons and claim that gay marriage infringes on the rights afforded to marriage between opposite sex couples.

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