Rainbow Law has a document package designed to protect same-sex partners in Georgia. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Georgia law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.
Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in Georgia are not legally recognized as spouses even if they were married in a marriage equality state or country.
Here is a run-down on Georgia law affecting the LGBTQ community:
1 Recognition of Same-Sex Relationships: The 2004 passage of a constitutional ban on same-sex marriage hindered the recognition of same-sex relationships by the state government.
In 2005, the General Assembly passed a law which legalized the ability of counties to establish domestic partnership benefits for gay and lesbian county workers. The City of Atlanta achieved a victory in 1997 when the Georgia Supreme Court, in City of Atlanta v. Morgan ruled domestic partnership registration by the City to be legal, but it took until 1999, when the Georgia Supreme Court ruled against Insurance Commissioner John Oxendine for blocking the city’s provision of domestic partnership benefits to city workers for the provisions to commence. In 2003, Fulton County became the first county to pass domestic partnership registration for county residents and municipal employees in same-sex relationships. On December 6, 2007, the city-county government of Athens, Georgia legalized health benefits for unmarried domestic partners.
2 Adoption Law: Georgia adoption law does not directly address the issue of LGBT adoption. Therefore, there is no current “ban” on gay adoption in Georgia.
3 Anti-Discrimination Law: Georgia law does not protect against employee discrimination based on sexual orientation. The state of Georgia does not protect employees from discrimination based on gender identity. However, Clarke County and the cities of Decatur and Pine Lake protect government employees, and the city of Atlanta protects all employees against discrimination based on gender identity.
4 Sodomy Law: Homosexual acts are legal in Georgia, previously criminalized until the state’s sodomy laws (which applied to both homosexuals and heterosexuals) were struck down in 1998 by Powell v. Georgia (years before the 2003 federal-level strikedown by Lawrence v. Texas).
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