County registrars got the go ahead to issue marriage licenses to gay and lesbian couples across North Carolina Friday, after a federal judge in Asheville ruled it was legal. State officials said quickly they would comply with the ruling, which throws out the state’s marriage laws, which defined marriage as between a man and a woman only.
The ruling came in the case General Synod of the United Church of Christ v. Cooper, in which the church sued the state on behalf of same-sex couples, saying the state’s ban violated the U.S. Constitution.
Judge Max O. Cogburn Jr. based his ruling on a recent decision by the federal Fourth Circuit Court of Appeals, writing:
“The issue before this court is neither a political issue nor a moral issue. It is a legal issue and it is clear as a matter of what is now settled law in the Fourth Circuit that North Carolina laws prohibiting same sex marriage, refusing to recognize same sex marriages originating elsewhere, and/or threating to penalize those who would solemnize such marriages, are unconstitutional.”
UCC General Counsel Donald C. Clark applauded the decision: “Of the three marriage equality cases pending in North Carolina, it is this landmark case about religious freedom and marriage equality that has finally struck down North Carolina’s unconstitutional marriage laws.”
The Human Rights Campaign, a national group advocating for the rights of lesbian, gay, bisexual and transgender (LGBT) people, also welcomed the ruling.
“According to today’s District Court ruling and two dozen others over the last year, there is no justifiable reason to keep these discriminatory marriage bans on the books,” Human Rights Campaign (HRC) Legal Director Sarah Warbelow said in a statement. “The truth is, laws prohibiting same-sex couples from marrying serve no purpose other than to harm Americans who simply want to protect and provide for themselves and their families. Ultimately the U.S. Constitution does not allow states to continue discriminating against committed and loving gay and lesbian couples.”
Gov. Pat McCrory said in a statement Friday that the state would abide by the law.
“The administration is moving forward with the execution of the court’s ruling and will continue to do so unless otherwise notified by the courts. Each agency will work through the implications of the court’s ruling regarding its operations,” the governor said.
Other top North Carolina Republicans, including State Senate leader Phil Berger and House Speaker Thom Tillis had said after the Fourth Circuit ruling last week they would try to intervene to defend the state’s gay marriage ban.
N.C. voters two years ago approved a constitutional change called Amendment One, which defined male-female marriages as the only “domestic legal union” allowed in the state. But polls in NC and nationwide have shown opposition to gay marriage declining.
RELATED LINKS
Oct. 10, 2014, QNotes, Judge overturns anti-LGBT amendment in North Carolina – State GOP vows to fight as Gov. McCrory and state complies with order
Oct. 10, 2014, Raleigh News & Observer, “Gay marriage now legal in North Carolina”
Oct. 10, 2014, United Church of Christ statement, “UCC victorious in lawsuit as judge strikes down N.C. gay marriage ban”
Oct. 10, 2014, Human Rights Campaign, HRC.org, “Marriage Equality Comes to North Carolina”
Oct. 10, 2014, Gov. Pat McCrory statement
