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§ 19-3-3.1.Marriages between persons of same sex prohibited; marriages not recognized

Chapter 3. Marriage Generally · Article 1. General Provisions · Last amended 1996 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-3-3.1 is Georgia’s 1996 ban on same-sex marriage, which the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges made unenforceable; same-sex couples can now marry and divorce in Georgia like anyone else.

Full Text of § 19-3-3.1

Text sizeJump to: (a) (b)

(a) 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.
(b) 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.
End

Plain-English Summary

This section, enacted in 1996, still appears in the Code, but it no longer governs anyone’s rights. In its 2015 decision in Obergefell v. Hodges, the U.S. Supreme Court held that the Constitution guarantees same-sex couples the right to marry and requires every state to recognize those marriages. Since then, same-sex couples can marry in every state, so this ban can no longer be enforced.

As written, the section did two things. Subsection (a) declared a public policy of recognizing only the union of a man and a woman and prohibited same-sex marriages in Georgia. Subsection (b) refused to recognize same-sex marriages from other states or countries, declared them void in Georgia, made contract rights flowing from such a license unenforceable, and stripped Georgia courts of power to grant a divorce or separate maintenance or to rule on the parties’ rights arising from the marriage. A companion provision, Code Section 19-3-30(b)(1), barred probate judges from issuing marriage licenses to persons of the same sex.

Because those provisions can’t be enforced, same-sex couples apply for licenses under the same rules as anyone else (Code Sections 19-3-30 and 19-3-33), and same-sex spouses can end their marriages in Georgia’s superior courts under the divorce chapter. The legislature hasn’t repealed the text, which is why it still prints here.

Frequently Asked Questions

Is same-sex marriage legal in Georgia?

Yes. Although this section still appears in the Code, the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges held that same-sex couples have a constitutional right to marry. Since that decision, same-sex couples can marry in every state, including Georgia, so this ban can no longer be enforced.

Why is a same-sex marriage ban still in the Georgia Code?

Because the legislature hasn’t repealed it. A court decision that a law is unconstitutional stops the law from being enforced, but it doesn’t erase the words from the books. The text enacted in 1996 still prints, but it no longer controls who can marry in Georgia.

Can a same-sex couple get divorced in Georgia?

Yes. Subsection (b) tried to bar Georgia courts from granting a divorce or separate maintenance for same-sex marriages, but that bar can’t be enforced after Obergefell v. Hodges. Same-sex spouses can seek a divorce in superior court under Code Section 19-5-1 on the grounds listed in Code Section 19-5-3, like any other married couple.

Will Georgia recognize our same-sex marriage from another state?

Yes. This section declared out-of-state same-sex marriages void in Georgia, but the Supreme Court’s 2015 decision in Obergefell v. Hodges requires states to recognize same-sex marriages lawfully performed elsewhere. So the provision voiding them can no longer be enforced, and a same-sex marriage valid where it was performed is treated like any other.

Can a Georgia probate court refuse a marriage license to a same-sex couple?

No. Code Section 19-3-30(b)(1) still says no license shall be issued to persons of the same sex, but like this section it can no longer be enforced after Obergefell v. Hodges. Same-sex couples apply under the same rules as other couples, including the written application in Code Section 19-3-33.

Amendment History

Laws 1996, p. 1025, § 1.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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