Same-sex marriage in North Carolina
has been legally recognized in the U.S. state of North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. The state's Governor and Attorney General had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.
North Carolina had previously denied marriage rights to same-sex couples by statute since 1996. A state constitutional amendment that was approved in 2012 reinforced that by defining marriage between a man and a woman as the only valid "domestic legal union" in the state and denying recognition to any similar legal status, such as civil unions.
Some cities in the state recognize domestic partnerships, and some make that status available to both same-sex and opposite-sex couples.
Same-sex marriage
Statute
On June 18, 1996, the North Carolina State Senate passed a bill banning same-sex marriage and recognition of same-sex marriage out of state by a vote of 41–4. That same day, the North Carolina House of Representatives voted 98–10 in favor of the bill. It was ratified and went into effect on June 20, 1996.Constitution
On September 12, 2011, the North Carolina House of Representatives voted 75–42 in favor of North Carolina Amendment 1, a constitutional amendment banning same-sex marriage and any "domestic legal union." On September 13, 2011, North Carolina State Senate voted 30–16 in favor of the bill. On May 8, 2012, North Carolina voters approved of the amendment by a vote of 61.04% to 38.96%.The amendment added to Section XIV of the Constitution of North Carolina:
North Carolina was the 30th state, and the last of the former Confederate states, to adopt a constitutional amendment defining marriage so as to exclude same-sex couples.
Lawsuits
''Fisher-Borne v. Smith'' and ''Gerber v. Cooper''
On June 13, 2012, six same-sex couples filed a federal lawsuit, Fisher-Borne v. Smith, that initially sought the right to obtain stepchild adoptions. In July 2013, following the June U.S. Supreme Court decision in United States v. Windsor, they amended their suit to challenge the constitutionality of the state's denial of marriage rights to same-sex couples. They are represented by the ACLU and private attorneys. Briefing was completed on August 13, 2014. Three same-sex couples filed Gerber v. Cooper in federal court in April 2014 seeking North Carolina's recognition of their marriages, which were established in other jurisdictions. They were represented by the ACLU and private attorneys. Briefing was completed on August 13, 2014. Proceedings in both cases were stayed pending the outcome of a Virginia case, Bostic v. Rainey. The U.S. Supreme Court declined the appeal in that case on October 6, 2014, leaving the Fourth Circuit's decision, which found Virginia's ban on same-sex marriage unconstitutional, as binding precedent on courts in North Carolina.On October 8, 2014, U.S. District Judge William Osteen lifted those stays and invited plaintiffs' attorneys to present the court with a motion to rule North Carolina's ban on same-sex marriage unconstitutional. The plaintiffs in both cases filed a joint motion asking the court to issue such an order. They modeled their suggested language on the order issued in Bostic.
On October 9, two leaders of the state Legislature, Thom Tillis, Speaker of the House of Representatives, and Phil Berger, President Pro Tempore of the Senate, asked to be allowed to intervene to defend the state's ban. Their filing said: "This intervention is about ensuring that the choice made by North Carolina voters receives its day in Court." They contended that "because Bostic was based in part on outcome-determinative concessions made by the Virginia Attorney General that have not been made in this litigation, Bostic does not control." If the district court determines that Bostic controls the decision in these cases, they proposed to pursue appeals of that judgment to the Fourth Circuit, the Fourth Circuit en banc, and the U.S. Supreme Court. On October 14, Judge Osteen allowed them to intervene solely to preserve their right to appeal. He ruled for the plaintiffs the same day. He found Bostic controlling since North Carolina's and Virginia's bans were virtually identical, held North Carolina's ban unconstitutional, and enjoined the state from enforcing its ban on same-sex marriage.
On December 16, the Fourth Circuit consolidated these cases and put proceedings on hold pending action by the U.S. Supreme Court on cert petitions in DeBoer and related cases. On January 14, 2015, Berger and Tillis petitioned the U.S. Supreme Court to review the case without waiting for review by the Fourth Circuit Court of Appeals.
''General Synod of the United Church of Christ v. Cooper''
On April 28, 2014, the United Church of Christ, joined by a coalition of Baptists, Lutherans, and Unitarian Universalists, filed a lawsuit, arguing that North Carolina's statute that makes it a crime to preside at the solemnization of the marriage of a couple that lacks a valid state marriage license unconstitutionally restricts religious freedom. On June 3, 2014, additional national religious denominations and clergy from across traditions were added as plaintiffs, including the Alliance of Baptists, the Association of Welcoming and Affirming Baptists, and the Central Conference of American Rabbis in addition to Episcopal, Jewish and Baptist clergy. On October 7, the plaintiffs asked for an immediate injunction against the state, citing the Fourth Circuit's ruling in Bostic v. Rainey. On October 10, District Court Judge Max O. Cogburn, Jr. denied a request by leaders of the state Legislature to be allowed to intervene to defend the state's ban and ruled the state's ban on same-sex marriage unconstitutional. He wrote:State's defense
On July 28, after the Fourth Circuit Court of Appeals in Bostic v. Schaefer held that Virginia's denial of marriage rights to same-sex couples was unconstitutional, North Carolina Attorney General Roy Cooper announced he would no longer defend the state's ban on same-sex marriage. He said that because all judges in North Carolina were bound by the Fourth Circuit's precedent, "today we know our law will almost surely be overturned as well. Simply put, it's time to stop making arguments we will lose and instead move forward knowing the ultimate resolution will likely come from the United States Supreme Court."Senate Bill 2
When the decision in General Synod took effect, state officials announced that judges were required to preside at marriage ceremonies for same-sex couples just as they would at those for different-sex couples and that a judge could not claim an exemption on religious grounds.By early November, six judges had resigned citing religious objections. A group of Republican legislators led by Senate leader Phil Berger announced plans to sponsor legislation creating a religious exemption for state magistrates who object to participating same-sex weddings on religious grounds. Such legislation passed the North Carolina Legislature in May 2015, though was vetoed by Governor Pat McCrory. On 3 June 2015, the North Carolina Senate successfully overrode the Governor's veto by a vote of 32–16, reaching the three-fifths majority needed for overriding a veto in the Senate. An override vote was held in the House of Representatives on 11 June 2015, achieving the three-fifths majority required by a margin of 69–41. As a result, the measure became law in North Carolina, which is just the second state after Utah to allow for this sort of religious exemption for state magistrates.
A lawsuit arguing the exemption is unconstitutional was filed in a federal court on 9 December 2015.
After ''Obergefell v. Hodges''
On April 11, 2017, three Republicans legislators introduced the Uphold Historical Marriage Act to the General Assembly. The bill sought to reenact the state's same-sex marriage ban, thus being in violation of Obergefell v. Hodges, the U.S. Supreme Court ruling which held that same-sex couples have a nationwide fundamental right to marry. The bill claimed the Supreme Court "overstepped its constitutional bounds". It also quoted the Bible, saying "the ruling exceeds the authority of the court relative to the decree of Almighty God that a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh". Governor Roy Cooper subsequently announced his opposition to the bill, tweeting "We need more LGBT protections, not fewer." The following day, Speaker of the House Tim Moore denied the bill a hearing, effectively killing it. Moore said that "there are strong constitutional concerns with this legislation given that the U.S. Supreme Court has firmly ruled on the issue."Domestic partnership
Some cities and counties in North Carolina recognize domestic partnerships. Registered domestic partners are legally recognized only by the jurisdiction in which they registered. The partnerships allow the extension of health benefits to employees and their domestic partners. Some cities in the state recognize both same-sex and opposite-sex domestic partnerships. According to 2010 census data, there were 228,000 North Carolina couples in domestic partnerships and 12 percent of those were same-sex couples.The cities and counties in North Carolina with domestic partner registries are: