ATLANTA — Georgia voters passed a constitutional amendment banning same-sex marriage 12 years ago.
Even though the federal courts ruled that amendment unconstitutional, it’s still there.
On Monday, three openly gay Georgia lawmakers wanted to be sure people know that.
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In 2004, Georgia voters passed this amendment banning same-sex marriage. It states that: “This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.”
That amendment was overturned by the U.S. Supreme Court in 2015′s Obergefell ruling, making same-sex marriage legal in Georgia.
“But invariably, there will be those that are concerned and will want to roll back our rights,” State Rep. Karla Drenner said.
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Monday, three openly gay Democratic lawmakers went to the capitol to express their concerns that the Supreme Court could overturn same-sex marriage the same way it overturned Roe v. Wade.
That would allow Georgia’s same-sex marriage ban to go back into effect.
“The same-sex marriage ban is still on the books, and my understanding is that it would go into effect if the Supreme Court overturned the Obergefell opinion,” State Rep. Sam Park said.
They also point to Gov. Brian Kemp’s personal opposition to same sex-marriage, but on Monday his office said this: “Governor Kemp’s personal position on same-sex marriage has not changed, but the issue has been settled by the U.S. Supreme Court.”
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Georgia state legal expert Eric Segall doesn’t think the high court will overturn Obergefell at least not any time soon.
But he does believe someone will try.
“People can always trigger those kinds of movements, and it wouldn’t surprise me. In fact, I expect any day now, in some state somewhere, someone will refuse to marry a same-sex couple,” Segall said.
The governor’s office and other Republican lawmakers say there doesn’t appear to be any effort in the legislature to put limitations on same-sex marriage, at least in this upcoming session.
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