§ 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
Full Text of § 19-3-3.1
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 The legislature hasn’t repealed the text, which is why it still prints here.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Because the legislature hasn’t repealed it.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?
Amendment History
Laws 1996, p. 1025, § 1.