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PERDUE v. O'KELLEY

No. S06A1574.

632 S.E.2d 110 (2006)

280 Ga. 732

PERDUE v. O'KELLEY et al.

Supreme Court of Georgia.

July 6, 2006.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., Stefan Ernst Ritter, Senior Asst. Atty. Gen., Charles C. Stebbins, III, Warlick, Tritt & Stebbins, LLP, Augusta, for Appellant.

John E. Stephenson, Jr., Jeffrey Jerry Swart, Alston & Bird, LLP, Atlanta, Gerald Richard Weber Jr., Elizabeth Lynn Littrell, Jack H. Senterfitt, Atlanta, Bondurant, Mixson & Elmore, Emmet J. Bondurant, Michael B. Terry, Atlanta, for Appellees.

Scott Carl Titshaw, Arnall, Golden & Gregory, LLP, Atlanta, Miles J. Alexander, Alexander S. Clay, Jill Warner, Kilpatrick Stockton, Michael W. Tyler, Atlanta, Brent Michael Estes, Drew, Eckl & Farnham, Atlanta, amici curiae.

BENHAM, Justice.

In 2004, the General Assembly approved Senate Resolution 595, placing on the ballot a proposed constitutional amendment (hereinafter, "the amendment") which was approved by the electorate and became Art. I, § IV, Par. I of the Georgia Constitution of 1983:

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....

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