[8] As a result of the Supreme Court ruling in Obergefell v. Hodges Amendment 1 was declared unconstitutional on June 26, 2015, legalizing same-sex marriage in Georgia.

On September 29, 2004, Fulton County Superior Court Judge Constance C. Russell denied the plaintiffs' request for injunctive relief and dismissed the complaint, ruling that the proposed amendment was valid and could appear on the ballot.

The decision allowed the amendment to proceed to the ballot, where it was subsequently approved by voters in November 2004.

[12][10] Perdue v. O'Kelley was a legal case filed on March 10, 2006, which challenged the validity of Constitutional Amendment 1.

Judge Russell determined that the amendment addressed more than one subject, which was not permitted under Georgia law.