How Will North Carolina’s Gay Marriage Constitutional Ban Bills Fare?

Following up on a Senate version introduced in February, North Carolina’s State House this week saw Republicans introduce an amendment that would constitutionally ban gay marriage. The bills in each chamber differ slightly in their wording; the House’s version appears to leave open a loophole that would allow for domestic partnerships, while the Senate bill would ban any “domestic legal union” not between a man and a woman. The state already bans gay marriage by law, while these bills (which would require a three-fifths majority to pass) would put the matter before voters in November 2012; they would need only a simple majority to amend the state constitution.

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  • LookingAroundAgain

    North Carolina, lol. Crystal Mangum, John Edwards, Fat Pam Spaulding, and Jesse Helms.

  • Cam

    If DOMA goes away, especially if the Supreme Court knocks it out this law would be irrelevent unless the court decides very very narrowly on the case. Remember, In 2000 Alabama STILL had a law on the books saying that interacial marriage was illegal. But it was unenforcable because Federal law superceded it.

  • Jim Hlavac

    All this effort in so many states is going to be for nothing. It’s like a last ditch effort to stop reality. There’s just too many lawsuits in the pipeline challenging all of this; DOMA and the mini-DOMAs are all under challenge, everywhere. And the repeal of DADT is also going to give North Carolina trouble. There’s military bases galore in that state, and there’s going to be gay soldier couples who will start lawsuits. Indeed, these laws are just slapping us around; and the lawsuits by us are multiplying by the dozens and hundreds.

    But the nice thing about them is that they let the courts know that without a doubt, gay folks are being unfairly singled out for special treatment. All the legislative testimony about how horrible we are will be part of the court cases. And the Supreme Court is going to be very busy with gay cases for the next several years. It’s going to be hard for them to say these laws are not pure discrimination. It’ll be fun to watch.

  • Joetx

    We’ll lose AGAIN. Despite the Research Triangle (& the alleged brains that reside there), NC is a red state. And the NC equivalent of EQCA will trot out some esoteric shit equivalent to “Maine ways.”

  • mtroy

    Meh. The same two republicans in the NC state congress have proposed a nearly identical bill every year. It never gets too far.

  • Stefan

    In I believe the NC Senate, the Republicans are I believe 5 seats short of a 2/3 majority, so as long as the Democrats for the most part stike together it won’t pass.

  • JJoeyk

    Please remember that this state has been introducing these amendments againist marriage since 2004. I found on record some of the bills 2006 both were introduced in May. In 2007 one was in house. In 2008 one was in the senate. And they were introduced in both in 2009. Thats all I could find. They were never voted on and none passed at all.

    BUT, this year could very well be different. In the state or North Carolina republicans won the senate and the house. Therefore, this will be much more easier to pass this time, but I honestly think if they want to go and do this now is a good time. I don’t think the bills will move, but if they are really serious it will happen. I do support Same-Sex Marriage I’m for DOMA to get repealed.

  • Joe in Savannah

    @Jim, DADT is still very much alive. Lets not give credit due where it isn’t. Non-enforcement doesn’t mean the death of a law. It just means we are silenced too easily.

  • Brandt

    This has been introduced in the past, but we shouldn’t forget that Marc Basnight is no longer in charge of the senate. He was always helpful in protecting this from passing. Remember a democrat in NC is not always an agreeing democrat.

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