Romer Revisted or 'the Devil in the Details': Is Georgia's Marriage Amendment Constitutionally Defective?

Abstract:     
A comparison of the language of the various state marriage amendments reveals that the phrasing of Georgia's language is unique in limiting marriage to "only the union of man and woman." While other amendments clearly have a broader focus, prohibiting bigamy and polygamy as well as same-sex unions, Georgia's language uniquely bars only homosexual unions. This paper explores the implications of that uniqueness and the extent to which that singular focus imperils the constitutionality of the amendment, particularly under the standards of Romer v. Evans, as well as Lawrence v. Texas.

Number of Pages in PDF File: 15

Keywords: Romer v. Evans, Georgia, gay marriage, homosexuality, same-sex marriage, constitutional law

JEL Classification: K30, K39

Accepted Paper Series