While other parts of Georgia have seen a rush to the alter following the legalization of gay marriage, no one in Habersham County has tied the same-sex knot.
The Supreme Court of the United States (SCOTUS) ruled Friday that two men or two women have the same constitutional right to enter into a government marriage contract as a traditional couple. The court cites the fourteenth amendment which says laws must be applied equally to all citizens and, all things being equal, the government cannot grant rights to one citizen and exclude another.
The decision supersedes the 2004 amendment to the Georgia Constitution that legally defined marriage here as between one man and one woman. The same voter-approved measure also blocked the recognition of same-sex marriages performed in other states.
With those impediments swept away, dozens of couples throughout Georgia immediately registered with their county Probate Court to receive a marriage license but that was not the case here in Habersham County.
Acting Probate Judge Steve Campbell tells Now Habersham that no one has inquired about the process since the SCOTUS ruling and no same-sex marriage licenses have yet been issued here.
Campbell’s office issues all marriage licenses in Habersham County. The process is a simple matter of filling out forms and paying a fee.
To get a Marriage License in Habersham County you need:
Proof of identity (Picture ID)
Social Security numbers for supplement-marriage report (optional – failure to list one does not bar the validity of the supplemental report)
Divorce papers if any (must have copy of final decree)
License fee of $77 (subject to change at any time); $37 if you have had counseling (if you have had the required six hours of counseling, you must have proof before you can receive the discounted price – see Pre-marital Education section below)
Some in state government want to allow county employees to “opt out” of obeying the new law on religious grounds.
In a facebook post after the landmark SCOTUS ruling, State Senator Bill Ligon of Brunswick says Georgia needs to protect local elected officials and county workers who disagree with same-sex marriage on religious grounds. “State officials will need to determine how we protect the religious rights of government employees who in good conscience cannot perform a same-sex marriage ceremony.” Ligon foresees “bullying” toward anyone who refuses to take part based on deeply-held religious beliefs.
While “religious freedom” legislation will likely be a hot topic in the next state legislative session in January, right now same-sex marriage is the law here and we’ve had no reports yet of anyone in Georgia who wanted a marriage license being turned away.
