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

15 Pages Posted: 13 Oct 2009

See all articles by Lynn Hogue

Lynn Hogue

Georgia State University - College of Law

Date Written: 2005

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.

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

JEL Classification: K30, K39

Suggested Citation

Hogue, Lynn, Romer Revisted or 'the Devil in the Details': Is Georgia's Marriage Amendment Constitutionally Defective? (2005). Florida Coastal Law Review, Vol. 7, p. 255, 2005 , Georgia State University College of Law, Legal Studies Research Paper No. 1487763, Available at SSRN: https://ssrn.com/abstract=1487763

Lynn Hogue (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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