Recognition of Marriage; only the union of man and woman; repeal -CA
Summary
Senate Resolution 167 proposes a constitutional amendment to repeal Georgia’s existing marriage language and replace it with a broader definition of marriage. Under the proposed amendment, the state would recognize as marriage any union between two legally authorized persons, regardless of race, gender, or biological sex, so long as the parties are of sound mind, not already married, and not related within prohibited degrees. The resolution also directs Georgia courts to recognize qualifying marriage-related acts, records, and judicial proceedings from other states or jurisdictions, including same-sex and interracial marriages, and confirms court jurisdiction over divorce, separate maintenance, and related rights arising from such unions.
If ratified, the amendment would alter Article I of the Georgia Constitution by removing the prior limitation that marriage is only between a man and a woman. It would also require the proposed ballot question to be submitted to voters for approval or rejection, making this a constitutional change rather than a statutory one. The measure would affect state recognition of marriages and related family-law proceedings, including interstate recognition and enforcement.
Impact
The resolution would amend the Georgia Constitution, specifically Article I, Section IV, by replacing the existing marriage provision with language recognizing marriage between any two eligible persons regardless of race, gender, or biological sex. This would change the legal framework governing marriage recognition in Georgia and would require state courts and agencies to treat qualifying same-sex and interracial marriages the same as other marriages. It would also extend recognition to certain out-of-state marriage records and judicial proceedings and preserve court authority over divorce and related marital rights.
Sentiment
The available context shows no committee transcript, vote tally, or recorded floor debate, so there is no direct evidence of support or opposition from the legislative record provided. Based on the text alone, the resolution is framed in inclusive, rights-recognition terms and is aimed at modernizing constitutional marriage language. Because no voting history or discussion snippets are included, the overall sentiment cannot be measured from deliberations and must be inferred only from the bill’s purpose.
Contention
The central point of contention is the constitutional removal of the traditional man-and-woman marriage definition and its replacement with a gender-neutral standard. Supporters would likely view the measure as expanding equal recognition for same-sex couples and aligning Georgia law with broader marriage equality principles, while opponents would likely object to the elimination of the prior definition on legal, moral, or religious grounds. The bill also implicates interstate recognition of marriages and the scope of state court authority over same-sex and interracial marriage-related disputes, which could raise additional concerns among critics.