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LGBT rights in Georgia (U.S. state)

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Laws against homosexuality Edit

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).

Recognition of same-sex relationships Edit

There is no state-level legal recognition of same-sex marriages, such having been prohibited by Georgia Constitutional Amendment 1 in 2004. A few municipal entities, such as Atlanta, maintain a domestic partnerships registry for city employees who are in both same-sex and opposite sex cohabiting couples.[1]

Federal LawsuitsEdit

Inniss v. AderholdEdit

On April 22, 2014, three same-sex couples and a widow filed a lawsuit in U.S. District Court for the Northern District of Georgia on behalf of themselves and all unmarried same-sex Georgia couples and all Georgia residents who have married same-sex spouses in other jurisdictions. They later added another couple. Two of the four couples have married in other states, Connecticut and New Hampshire. The suit, Inniss v. Aderhold, named Deborah Aderhold, State Registrar and Director of Vital Records, as the principal defendant. District Court Judge William S. Duffey Jr. is considering the defendants' motion to dismiss.[2] Judge Duffey has granted the defendants an extension to their deadline to file supporting briefs for the Motion to Dismiss; they are now required to supply that reply by October 22, 2014, and court documents stipulate that no further deadlines will be allowed. Defendants argue that the extensions are required because of the volatility of cases around the country.

The case has been the subject of dispute in the re-election campaign of Georgia Attorney General Sam Olens, who is defending the state's position, and his opponent Greg Hecht, who advocates not defending the state's ban on marriage rights for same-sex couples.[2]

Discrimination protection Edit

Georgia law does not protect against employee discrimination based on sexual orientation.[3] 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]

Hate crimes law Edit

There is currently no law preventing hate crimes against members of the LGBT community.

Gender reassignment Edit

Georgia permits post-operative transgender people to amend their sex on their birth certificates.[5]

References Edit

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Same-sex unions in the United States

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