Gay marriage in ga
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Equitable distribution of property is only legally authorized in the State of Georgia for spouses who are legally married to each other. They also qualify for exemptions in property taxes and other financial advantages traditionally available to married couples. If you are happily married, but were married in an otherwise legal gay marriage prior to the year 2015, you may want to have a second marriage ceremony just to confirm that your marriage, although otherwise legal, is legally recognized in the State of Georgia.
Scott Shaw is founder and principle of Shaw Law Firm PC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia.
Married couples can file joint state tax returns, potentially lowering their tax burden. This could potentially save the money-earning spouse an awful lot of money if the parties are deemed not legally married, or if the marriage only became legal in 2015.
Possible outcomes:
- If they are considered legally married in 2010, both spouses would have an equitable interest in the 401K earnings of the earning spouse going back to 2010.
- If the parties are considered legally married beginning in 2015, then that equitable interest would only start in 2015
- If the parties are considered not married to each other at all, despite gay marriage otherwise now being legal, then the non-earning spouse has no interest at all in the money-earning spouse’s 401K
The answer to this question is not clear and will be argued in the proper case.
Strategically, if you are in a gay marriage and want to protect your assets in a divorce, be sure your attorney is in a position to give you the best advice based on current case law.
Understanding the current status of these laws is essential as they impact many facets of life for LGBTQ+ individuals in Georgia.
Examining state-specific legislation alongside federal influences provides insight into the rights and benefits available to same-sex couples and how these elements shape the legal landscape for LGBTQ+ residents in Georgia today.
Legal Status of Gay Marriage in Georgia
The legal status of gay marriage in Georgia changed dramatically following the landmark U.S.
Supreme Court decision in Obergefell v. Joint adoption rights ensure both partners in a same-sex marriage are recognized as legal parents, providing stability and security for their children.
Tax benefits also play a significant role for same-sex couples in Georgia. Schedule a consultation today at 770-594-8309 or contact us.
Posted in Same-Sex Marriage
Serving openly in military in Georgia is lesbians, gays, bisexuals permitted, transgender people banned.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trumpâs executive order from the previous month.
From then until March 18th, 2025, The U.S.
military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Georgia Gay Marriage Laws and Legal Protections Overview
Georgia’s approach to gay marriage and legal protections for same-sex couples has evolved significantly, reflecting broader national changes.
Windsor (2013), and Obergefell v. The Affordable Care Act (ACA) prohibits discrimination based on sexual orientation and gender identity, influencing healthcare providers and insurers statewide.
However, the marriage was not legal in the State of Georgia, and Georgia did not recognize any gay marriage, until after the Obergefell decision. The state lacks a comprehensive anti-discrimination law explicitly covering sexual orientation and gender identity. However, some local ordinances in cities like Atlanta, Savannah, and Decatur provide protections in employment, housing, and public accommodations.
The absence of a statewide law means LGBTQ+ individuals in Georgia face varying levels of protection depending on their location.
However, challenges persist, particularly in rural areas where access to LGBTQ+-friendly healthcare providers may be limited. This mandate influenced areas like tax filings, inheritance rights, and adoption processes, integrating same-sex couples into the state’s legal framework.
State agencies, such as the Georgia Department of Public Health, adjusted their procedures to align with federal requirements.
This interplay between state and federal law continues to evolve as new directives emerge.
Legal Protections and Benefits for Couples
The recognition of same-sex marriage in Georgia has expanded legal protections and benefits for LGBTQ+ couples.
In the State of Georgia, gay marriage was not recognized as legal until after the United States Supreme Court decisions of United States v.
Hodges decision compelled Georgia to issue marriage licenses to same-sex couples and recognize these unions across all state institutions. Same-sex spouses are entitled to the same health insurance benefits as heterosexual couples, including coverage under employer-sponsored plans.
Georgia law mandates that insurance policies offering spousal benefits must extend them to same-sex spouses.
Advocacy groups are working to improve healthcare access and ensure equitable treatment for all individuals, regardless of sexual orientation or gender identity.
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So the question is, under the law of Georgia are these people legally married at all, if their marriage was not lawful at the time it was made?There are three ways possible interpretations:
- The marriage is made retroactively legal to the date it was made in 2010
- The marriage became legal in 2015 only after the Supreme Court overturned Georgia law that made it unlawful
- There is no marriage between these two women
Interpretation matters because one of the women has filed for divorce in the State of Georgia.
In this marriage one spouse made all the money and accumulated all the assets.
Before this ruling, Georgia’s Amendment 1, passed in 2004, banned same-sex marriage by defining it as a union between one man and one woman. It was a lesbian marriage performed in 2010 in a state that recognized gay marriage. 1738C, that had enabled the State of Georgia to not recognize gay marriages performed legally in other states, despite the Full Faith and Credit requirements of the United States Constitution.
That’s a paragraph full of historical decisions, but the bottom line is gay marriage is now legal, right?
Well, it is not that simple:
- Yes, gay marriage is legal and recognized in the State of Georgia.
- But, what if you were married prior to the June 26, 2015 Obergefell decision?
Are you still legally married in the State of Georgia?
This is an important issue, and is currently being debated in a case.
Hodges (2015), decisions. Efforts to pass statewide legislation, such as the Georgia Civil Rights Act, have been introduced but remain unsuccessful.