Same-sex couples have the same right to marry in Georgia as anyone else. That has been true since June 26, 2015, when the United States Supreme Court decided Obergefell v. Hodges, 576 U.S. 644 (2015).
What Obergefell Held
Obergefell held that same-sex couples have a fundamental right to marry, that state laws excluding them from civil marriage are invalid, and that a state may not refuse to recognize a lawful same-sex marriage performed in another state on the ground of its same-sex character. It applies to Georgia the same as to every other state.
Georgia Never Repealed Its Ban
This is the part that confuses people, and it is worth being plain about. Georgia’s prohibition is still printed in the Code. OCGA 19-3-3.1(a) still reads: “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.”
Subsection (b) goes further, declaring an out-of-state same-sex marriage “void in this state” and saying Georgia courts “shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage.” OCGA 19-3-30(b)(1) separately says “[n]o marriage license shall be issued to persons of the same sex.”
Georgia voters also approved a constitutional amendment in 2004 to the same effect, which survived a procedural challenge in Perdue v. O’Kelley, 280 Ga. 732 (2006).
Where That Leaves You
None of it is enforceable. A Georgia probate court cannot refuse you a license, a Georgia superior court cannot refuse to hear your divorce, and your out-of-state marriage is valid here. The text remains on the books because the General Assembly has not removed it, not because it has any force.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!