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Georgia Gay Marriage Ban Largely Unaffected by SCOTUS Ruling

June 26th, 2013

In light of Wednesday’s Supreme Court decision that strikes down part of the federal Defense of Marriage Act, many are asking “What comes next?”

The complex answer essentially boils down to where you live. And if you live in Georgia or one of 36 other states that do not recognize same-sex marriage, the answer is: very little.

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That’s why Lambda Legal — a national lesbian, gay, bisexual and transgender rights group – is focusing resources on individual states.

“We really need to win more states, state-by-state, one at time,” says Kevin Cathcart, Lambda’s Executive Director. “Then I believe we’ll be in a better position before a future court to resolve the question before the entire country.”

Cathcart says the US Supreme Court will probably have to decide the marriage equality question once-and-for-all.

Until then, it’s unlikely state lawmakers will move to change Georgia’s 2004 constitutional amendment that outlaws same-sex marriage.

Democrat Karla Drenner represents Avondale Estates in the Georgia House, and was the first openly-gay member of the Georgia General Assembly. She says she has no plans to challenge Georgia’s current law, and hopes the Court’s decision doesn’t create backlash here at home.

“The only thing that gay people want is equal treatment and equal rights and to be respected. So I’m hoping my colleagues feel the same way,” she says.

For former Atlanta City Council president Cathy Woolard, the ruling is bittersweet. While the Supreme Court validated some same-sex marriages, it allowed Georgia to continue to ignore her relationship.

“Right now we can’t even get a vote on a very limited employment bill in the General Assembly, much less even put the question before the General Assembly to allow a reconsideration on the ballot,” she says. “So for Georgia folks, it’s very frustrating. It’s disappointing, and it’s quite personal.”

The Supreme Court’s decision takes effect in 25 days. In that span we’ll learn more about what the decision does—and doesn’t do—for same-sex couples legally married elsewhere, but now living in Georgia.

But because the federal government typically defers to the state when it comes to determining if a marriage is valid, legal experts caution gays and lesbians in Georgia not to get too excited just yet.