PROPOSED CONSTITUTIONAL AMENDME

PROPOSED

CONSTITUTIONAL AMENDMENTS

GENERAL ELECTION

NOVEMBER 2, 2004

This booklet contains copies of the two proposed amendments to the Constitution in their entirety. These amendments will be submitted at the general election on November 2, 2004. As required by the Constitution, these proposed amendments in their entirety are on file in the office of the judge of the probate court in each county and are available for public inspection. This booklet also includes summaries of the two proposals as prepared by Attorney General Thurbert E. Baker, Secretary of State Cathy Cox, and Legislative Counsel Sewell R. Brumby and published in the newspaper which is each county’s official legal organ. There are no state-wide referendum questions on the 2004 general election ballot.

CONSTITUTIONAL AMENDMENTS 1 and 2

- AMENDMENT 1 -

Senate Resolution No. 595
Resolution Act No. 841
Ga. L. 2004, p. 1111

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article I of the Constitution is amended by adding a new Section IV to read as follows:

"SECTION IV.
MARRIAGE

Paragraph I. Recognition of marriage. (a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.

(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship."

SECTION 2.

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

- AMENDMENT 2 -

House Resolution 68
Resolution Act No. 165
Ga. L. 2003, p. 404

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal district or appellate court; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article VI, Section VI of the Constitution is amended by striking Paragraph IV and inserting in lieu thereof a new Paragraph IV to read as follows:

"Paragraph IV. Jurisdiction over questions of law from state appellate or federal district or appellate courts. The Supreme Court shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( )
NO ( )

Shall the Constitution be amended so as to provide that the Supreme Court shall have jurisdiction and authority to answer questions of law from any state appellate or federal district or appellate court?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

SUMMARY OF PROPOSED
CONSTITUTIONAL AMENDMENTS
ON THE GENERAL ELECTION BALLOT
NOVEMBER 2, 2004

SUMMARY OF PROPOSED CONSTITUTIONAL
AMENDMENTS

Pursuant to requirements of the Georgia Constitution, Attorney General Thurbert E. Baker, Secretary of State Cathy Cox, and Legislative Counsel Sewell R. Brumby hereby provide the summaries of the proposed constitutional amendments that will appear on the November 2, 2004, general election ballot for consideration by the people of Georgia:

- AMENDMENT 1 -

To define marriage as the union of man and woman.

Senate Resolution No. 595
Resolution Act No. 841
Ga. L. 2004, p. 1111

"( ) YES
( ) NO

Shall the Constitution be amended so as to provide that this state shall recognize as marriage only the union of man and woman?"

This first paragraph of this proposal provides that Georgia shall recognize as marriage only the union of man and woman and prohibits marriages between persons of the same sex in this state. The second paragraph of this proposal further provides that the state: (1) shall not recognize any union between persons of the same sex as being entitled to the benefits of marriage; (2) shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex where that relationship is treated as a marriage under the laws of such other state or jurisdiction; and (3) removes from the jurisdiction of Georgia's courts the ability to grant a divorce or separate maintenance or otherwise consider or rule on parties' rights arising from or in connection with such a same sex relationship.

A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.

- AMENDMENT 2 -

To provide the Supreme Court jurisdiction to answer questions of law from federal courts.

House Resolution 68
Resolution Act No. 165
Ga. L. 2003, p. 404

"( ) YES
( ) NO

Shall the Constitution be amended so as to provide that the Supreme Court shall have jurisdiction and authority to answer questions of law from any state appellate or federal district or appellate court?"

This proposal provides that the Supreme Court of Georgia shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court. Currently the Supreme Court has constitutional authority to answer questions of law from state and federal appellate courts only. The proposal adds the authority to answer questions of law from federal district courts. This procedure is used when another court desires to ask the Georgia Supreme Court to determine an unsettled question of state law.

A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.