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LGBTQ rights in Georgia (U.S. state)

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LGBTQ rights in Georgia
Georgia (US)
StatusLegal since 1998
(Powell v. Georgia)
Gender identitySex change legal
Discrimination protectionsEnacted on June 26, 2020;
Gender identity protected under Glenn v. Brumby
Family rights
Recognition of relationshipsSame-sex marriage since 2015 (Obergefell v. Hodges)
AdoptionSame-sex couples allowed to adopt

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast.[1] The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.[2][3]

Laws against homosexuality

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See also: Sodomy laws in the United States § State and territorial laws prior to Lawrence v. Texas

Homosexuality was previously criminalized based on the sodomy laws (which applied to both homosexuals and heterosexuals) which was struck down in 1998 by Powell v. Georgia (years before the 2003 federal-level strikedown by Lawrence v. Texas).

Recognition of same-sex relationships

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Atlanta Pride, 2007

Same-sex marriage

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Main article: Same-sex marriage in Georgia (U.S. state)

On November 2, 2004, Georgia voters approved Constitutional Amendment 1, which made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions.[4]

On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that the fundamental right to marry must be guaranteed to same-sex couples. As a result, same-sex marriages became legal in the state of Georgia, along with all other U.S. states where such marriages were banned. Following the Supreme Court ruling, all Georgia counties began immediately (or were either willing) to issue marriage licenses to same-sex couples.[5]

Domestic partnership

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See also: Cities and counties in the United States offering a domestic partnership registry § Georgia

Prior to the nationwide legalization of same-sex marriages, some cities and counties in Georgia offered domestic partnership benefits to same-sex couples, which granted some of the marriage rights. Domestic partnerships were recognized by the cities of Athens,[6] Atlanta,[7] Avondale Estates,[8] Clarkston,[9] Decatur,[10] Doraville,[11] East Point,[12] Pine Lake[12] and Savannah,[11] as well as DeKalb County[13] and Fulton County.[14]

Adoption and parental rights

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On February 23, 2018, the Georgia State Senate passed the Keep Faith in Adoption and Foster Care Act (or SB 375), that called for allowing private adoption agencies receiving state funds to deny adoptions for certain couples or individual parents based on religious beliefs.[15] Opponents claimed the bill targeted same-sex couples and LGBT individuals seeking to adopt. The Georgia House of Representatives did not eventually vote on the bill, effectively killing it.[16]

The bill was reintroduced by Senator Marty Harbin on February 5, 2020, under the name SB 368, and is soon to be referred to the Senate Judiciary Committee.[17]

On March 5, 2018, Governor Nathan Deal signed into law bill HB 159, which includes no restrictions against same-sex couples seeking to adopt.[18]

There are no restrictions on either IVF or surrogacy.[19][20]

Discrimination protections

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Further information: LGBT employment discrimination in the United States
Map of Georgia counties and cities that enacted sexual orientation and/or gender identity anti–employment discrimination ordinances prior to Bostock v. Clayton County:
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment

Since June 26, 2020, Georgia protects its citizens from discrimination on the basis of sexual orientation.

Prior to Bostock v. Clayton County, state law did not protect against employee discrimination based on sexual orientation or gender identity. However, some cities and counties in the state have enacted local ordinances banning such discrimination in varying degrees.[21]

The cities of Atlanta,[22] Clarkston[23] and Doraville[24] have ordinances prohibiting discrimination based on sexual orientation or gender identity in both public and private employment.

Gwinnett County has a Human Relations Commission that ensures fair and equal treatment and opportunity for all persons, with protections including gender identity and sexual orientation.[25] In 2020, County Commissioner Ku stated that internal Gwinnett County policies were updated to provide protection that includes protections with gender identity and sexual orientation for public employment.[26] In May 2021, The Columbus city council passed a resolution to make a create a similar panel, which will be voted on for approval by August 31.[27]

Additional cities have enacted more limited protections, prohibiting discrimination against public municipal employees only. The cities of Athens,[28] Augusta,[29] Avondale Estates,[30] Columbus,[31] Decatur,[32] Macon,[33] Pine Lake[34] and Savannah[35] have ordinances banning discrimination based on sexual orientation or gender identity in public employment, while the cities of East Point,[36] Sandy Springs,[37] and Tybee Island,[36] as well as the counties of DeKalb[36] and Fulton[38] have similar anti–discrimination ordinances in public employment covering only sexual orientation.

Glenn v. Brumby

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Note that statutory law does not provide protections based on gender identity, but on December 6, 2011, in Glenn v. Brumby, the Eleventh Circuit Court of Appeals upheld a lower-court ruling that firing someone based on gender-nonconformity violates the Constitution’s prohibition on sex discrimination. The Court of Appeals found the Georgia General Assembly had discriminated against Vandy Beth Glenn, a transgender woman who was fired from her job as legislative editor after telling her supervisor that she planned to transition from male to female. This effectively provides legal protections to transgender and gender non-conforming employees in the states of Alabama, Florida and Georgia.[39]

Anti–bullying laws

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See also: Anti-bullying legislation § United States

Georgia law bans bullying at schools,[40] though it does not list individual protected groups.[41]

Nonetheless, DeKalb County[42] and Fulton County[43] have regulations for teachers that address bullying and harassment based on sexual orientation or gender identity. Gwinnett County Public schools prohibits discrimination by sexual orientation and gender identity in their Student Conduct Behavior Code.[44]

Atlanta LGBT cultural training

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In September 2021, the city of Atlanta passed a city-wide ordinance that legally requires all city employees of Atlanta to undergo "LGBT cultural training".[45]

Hate crime law

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Both sexual orientation and gender identity are explicitly covered under the U.S. federal hate crime law since Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in October 2009 by Barack Obama - right after being passed (as an attachment to a military funding authorisation bill) by US Congress.

In June 2020, the Georgia General Assembly overwhelmingly passed (47-6 vote in the Senate and 127-38 vote in the House) a hate crimes bill that explicitly includes sexual orientation. The bill was signed into law by Governor of Georgia Brian P. Kemp on June 26, 2020.[3][46][47][48]

In November 2020, Macon, Georgia mayor Robert Reichert vetoed an anti-discrimination ordinance for all Macon residents who are LGBTQIA+. The ordinance had received the majority of the vote from residents and a 5-4 vote by the Macon-Bibb Commission. In an official statement from the Mayor's office, Reichert stated that "after prayerful consideration" he would be vetoing the legislation. Opponents of the bill focused on how they felt the issue of enacting legislation to protect LGBTQ+ people went against their rights to their religious beliefs. “In fact, this ordinance takes away the business owners' freedom to practice religion, and instead coerces many Christian and Jewish faith-based people in our county to accept the LGBTQ lifestyle as one of their moral beliefs,” said former mayoral candidate Blake Sullivan. Reichert stated the apprehension of the commissioners to amend the bill to address religious freedom concerns also attributed to his decision. Supporters of the bill, including many local attorneys urged him to sign it, claiming that Reichert had not referenced any specific legal concerns.

Transgender rights

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Identity documents

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Georgia permits post-operative binary transgender people to amend their sex on their birth certificates.[49]

Healthcare

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On March 23, 2023, the governor signed a bill prohibiting doctors from prescribing hormones for or performing surgery on minors as part of gender-affirming care. It does not prohibit them from prescribing puberty blockers. It took effect July 1, 2023.[50]

Transgender sports ban

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In April 2022, a bill passed the Georgia General Assembly "at the last minute" to legally ban transgender individuals within female sports, athletics and/or Olympics teams. The Governor of Georgia Brian Kemp signed the bill into law and it went into effect on July 1, 2022.[51][52][53]

US citizenship court case

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In August 2020, a Georgia federal judge in Atlanta granted a daughter of two American married same-sex fathers US citizenship, despite being born in England to a surrogate.[54][55]

Public opinion

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A March 2004 Associated Press Exit Poll found that 42% of Georgia voters supported the legal recognition of same-sex couples, with 17% supporting same-sex marriage, 25% supporting civil unions or partnerships but not marriage, and 50% favoring no legal recognition.[56]

A 2012 Public Policy Polling survey found that 27% of Georgia residents thought same-sex marriage should be legal, while 65% thought it should be illegal, while 8% were not sure. A separate question on the same survey found that 57% of Georgia residents supported the legal recognition of same-sex couples, with 24% supporting same-sex marriage, 33% supporting civil unions or partnerships but not marriage, and 40% favoring no legal recognition, with 3% not sure.[57]

An August 2013 Public Policy Polling survey found that 32% of Georgia residents thought same-sex marriage should be legal, while 60% thought it should be illegal, while 9% were not sure. A separate question on the same survey found that 57% of Georgia residents supported the legal recognition of same-sex couples, with 28% supporting same-sex marriage, 29% supporting civil unions or partnerships but not marriage, and 39% favoring no legal recognition, with 3% unsure.[58]

A September 2013 Atlanta Journal-Constitution survey found that 48% of Georgia residents thought same-sex marriage should be legal, while 43% thought it should be illegal, while 9% were not sure.[59]

A 2017 Public Religion Research Institute (PRRI) poll found that 52% of Georgia residents supported same-sex marriage, while 39% opposed it and 10% were unsure.[60] The same poll also found that 65% of Georgians supported an anti-discrimination law covering sexual orientation and gender identity, while 29% were opposed.[61] Furthermore, 56% were against allowing businesses to refuse to serve gay and lesbian people due to religious beliefs, while 34% supported allowing such religiously-based refusals.[62]

Summary table

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Right Status
Same-sex sexual activity legal Yes (since 1998, see Powell v. State)
Equal age of consent Yes[63]
Anti-discrimination laws in employment Yes (Since 2020, see Bostock v. Clayton County)
Anti-discrimination laws in the provision of goods and services Yes(Since 2020)
Same-sex marriage Yes (since 2015)
Stepchild adoption by same-sex couples Yes[64]
Joint adoption by same-sex couples Yes[64]
Adoption by single people regardless of sexual orientation Yes[64]
LGBTQ people allowed to serve openly in the military Yes (since 2011, for gay, lesbian and bisexual individuals, since 2021 for transgender individuals
Right to change legal gender No/Yes (allowed only for binary trans people and requires sex reassignment surgery)
Access to IVF for lesbian couples Yes[19]
Conversion therapy banned by law No (Localities are prohibited from passing ordinances banning conversion therapy under the 11th Circuit Courts ruling in November 2020)[65][66]
Commercial surrogacy for gay male couples Yes[20]
MSMs allowed to donate blood No/Yes (Three month deferral period according to federal policy.)

See also

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References

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  1. ^ "'We Can Celebrate Together': What's Planned For Atlanta Pride 2019". October 8, 2019.
  2. ^ "Georgia's Kemp signs hate crimes law after outcry over death - SFGate". www.sfgate.com. Archived from the original on 2020-06-26.
  3. ^ a b "Georgia governor signs hate crime bill into law - JURIST - News".
  4. ^ "Election 2004 - Ballot Measures". CNN. Retrieved January 17, 2019.
  5. ^ Bluestein, Greg (June 29, 2015). "Top Georgia court official: Judges 'are following the law' on gay marriages". The Atlanta Journal-Constitution.
  6. ^ Shaikh, Ameer (October 21, 2011). "Domestic Partnership in Georgia". The Atlanta Family Law News Blog.
  7. ^ "Domestic Partnership". City of Atlanta. Retrieved January 17, 2019.
  8. ^ Michael K. Lavers (July 24, 2013). "Atlanta suburb approves domestic partnership registry". Washington Blade.
  9. ^ "Domestic Partnership". City of Clarkston. Retrieved January 17, 2019.
  10. ^ Paul, Péralte (December 17, 2013). "Decatur City Commission Approves Domestic Partnership Registry". Patch Media.
  11. ^ a b "Savannah approves domestic partner benefits". The Georgia Voice. October 15, 2010.
  12. ^ a b "Partners Task Force - Governments Offering Benefits § Georgia". buddybuddy.com. Retrieved January 17, 2019.
  13. ^ "DeKalb County Municipal Regulations of Georgia". The State of Georgia·DeKalb County.
  14. ^ "Georgia Domestic Partnership Laws". FindLaw. Retrieved January 17, 2019.
  15. ^ Mindock, Clark (February 26, 2018). "Georgia votes for adoption law that would let agencies deny gay couples". The Independent.
  16. ^ Niesse, Mark (March 22, 2018). "Georgia lawmakers unlikely to pass adoption bill affecting gay couples". The Atlanta Journal-Constitution.
  17. ^ "Georgia SB368 | 2019-2020 | Regular Session". LegiScan. Retrieved 2020-03-02.
  18. ^ Lou Chibbaro Jr. (March 8, 2018). "Ga. governor signs LGBT 'neutral' adoption bill". Washington Blade.
  19. ^ a b "LGBT Family Building". Atlanta Fertility Clinic. Retrieved January 14, 2019.
  20. ^ a b "Gay/LGBT Surrogacy in GA, NC, SC, TN, AL". southernsurrogacy.com. 16 September 2016. Retrieved January 14, 2019.
  21. ^ "LGBTQ Non-Discrimination in Georgia". Freedom for All Americans. Retrieved January 17, 2019.
  22. ^ "Atlanta, Georgia". Human Rights Campaign. Archived from the original on December 16, 2016. Retrieved January 17, 2019.
  23. ^ "Clarkston beefs up its anti-discrimination policies". Project Q. February 4, 2009.
  24. ^ Saunders, Patrick (November 6, 2018). "Doraville passes historic LGBTQ nondiscrimination ordinance". Project Q.
  25. ^ Huppertz, Karen. "Gwinnett Human Relations Commission elects new chairman". The Atlanta Journal-Constitution. Retrieved 2019-08-26.
  26. ^ "Ben Ku County Commissioner on Instagram: "Finally! After a year and a half working on this, the BOC has approved changes to make our internal policies comprehensive, consistent, and clear! #VibrantlyConnected"".
  27. ^ Wooten, Nick. "Columbus approves 'open and inclusive' city resolution that says it will 'protect everyone'". Ledger Enquirer.
  28. ^ "Athens-Clarke, Georgia". Human Rights Campaign. Retrieved January 17, 2019.[permanent dead link‍]
  29. ^ Stahl, Shane (June 20, 2018). "Augusta, GA Approves LGBTQ Employment Protections for Municipal Employees". Freedom for All Americans.
  30. ^ "Avondale Estates, Georgia". Human Rights Campaign. Archived from the original on December 16, 2016. Retrieved January 17, 2019.
  31. ^ "Columbus, Georgia". Human Rights Campaign. Archived from the original on December 16, 2016. Retrieved January 17, 2019.
  32. ^ "Decatur, Georgia". Human Rights Campaign. Retrieved January 17, 2019.[permanent dead link‍]
  33. ^ Saunders, Patrick (April 21, 2017). "Macon-Bibb commission approves LGBT civil rights ordinance". The Georgia Voice.
  34. ^ "Non-Discrimination Laws that include gender identity and expression". Transgender Law and Policy Institute. Archived from the original on August 13, 2018. Retrieved January 17, 2019.
  35. ^ Hennie, Matt (December 11, 2015). "Savannah expands protections for LGBT residents". Project Q.
  36. ^ a b c "Georgia – Sexual Orientation and Gender Identity Law and Documentation of Discrimination" (PDF). Williams Institute. September 2009. Archived from the original (PDF) on 2016-03-04. Retrieved 2019-01-17.
  37. ^ "Sandy Springs, Georgia". Human Rights Campaign. Retrieved January 17, 2019.[permanent dead link‍]
  38. ^ "Roswell, Georgia". Human Rights Campaign. Archived from the original on December 16, 2016. Retrieved January 17, 2019.
  39. ^ "Examples of Court Decisions Holding LGBT-Related Discrimination Actionable Under Title VII". www.eeoc.gov.
  40. ^ "Georgia Anti-Bullying Laws & Policies". stopbullying.gov. Retrieved January 18, 2019.
  41. ^ "School Anti-Bullying". Human Rights Campaign. Archived from the original on September 11, 2018. Retrieved January 18, 2019.
  42. ^ "Board Policy on Bullying". DeKalb Preparatory Academy. Retrieved January 18, 2019.
  43. ^ "Student Code of Conduct & Discipline Handbook" (PDF). Fulton County Schools. p. 14. Retrieved January 18, 2019.
  44. ^ "Student Conduct Behavior Code". www.gwinnett.k12.ga.us. Retrieved 2019-07-05.
  45. ^ "News List | Atlanta, GA". www.atlantaga.gov. Retrieved 2022-04-11.
  46. ^ "Georgia legislature approves hate crime bill". CNN. 23 June 2020.
  47. ^ "Georgia hate crimes law heads to governor's desk in wake of Ahmaud Arbery shooting". USA Today.
  48. ^ "The Georgia legislature finally passes a hate crime bill in the wake of Ahmaud Arbery's death". 25 June 2020.
  49. ^ Human Rights Campaign: Georgia Birth Certificate Law: Gender Identity Issues Archived 2012-01-19 at the Wayback Machine, accessed July 6, 2011
  50. ^ "Georgia's governor signs ban on certain gender-affirming care for minors". CNN. 23 March 2023. Retrieved 2023-05-01.
  51. ^ "Georgia Gov. Brian Kemp Signs Unnecessary, Harmful Legislation Allowing Discrimination Against Transgender Kids Playing School Sports".
  52. ^ "In Dead of Night, Georgia Lawmakers Sneak Through Legislation Allowing Discrimination Against Transgender Kids Playing School Sports".
  53. ^ "Georgia Republicans snuck in a last-minute trans sports ban that is expected to become law".
  54. ^ "Judge: Gay couple's child born in England is a US citizen". ABC News.
  55. ^ "Federal court: State Department must recognize U.S. Citizenship of England-born daughter of married, same-sex American couple". New York Daily News.
  56. ^ "Georgia: March 2004 – Associated Press Exit Poll – Majority Oppose Any Recognition of Same-Sex Relationships" (PDF). Archived from the original (PDF) on 2013-10-29. Retrieved 2013-11-02.
  57. ^ "GA Republicans split on secession, Deal vulnerable" (PDF). 12/7/2012. Public Policy Polling.
  58. ^ "Hillary competitive in Georgia" (PDF). Public Policy Polling.
  59. ^ Hennie, Matt (26 September 2013). "Georgia gets gay marriage when old people die". Project Q.
  60. ^ Public opinion on same-sex marriage by state: Georgia. PRRI – American Values Atlas.
  61. ^ Public opinion on LGBT nondiscrimination laws by state: Georgia. PRRI – American Values Atlas.
  62. ^ Public opinion on religiously based refusals to serve gay and lesbian people by state: Georgia. PRRI – American Values Atlas.
  63. ^ "Georgia Age of Consent & Statutory Rape Laws". ageofconsent.net. Retrieved January 17, 2019.
  64. ^ a b c "LGBT Adoption Laws Georgia". lifelongadoptions.com. Retrieved January 17, 2019.
  65. ^ Stern, Mark Joseph (20 November 2020). "Trump Judges Block Laws Banning LGBTQ 'Conversion Therapy' for Minors". Slate.
  66. ^ "The 11th Circuit Was Right to Strike Down Bans on Conversion Therapy, but it also Exposed a Great Hypocrisy". 23 November 2020.
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