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North Carolina Amendment 1, Definition of Marriage and Prohibition of Civil Unions Amendment (May 2012)

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North Carolina Amendment 1

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Election date

May 8, 2012

Topic
Family-related policy and LGBTQ issues
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment 		Origin

State legislature


North Carolina Amendment 1 was on the ballot as a legislatively referred constitutional amendment in North Carolina on May 8, 2012. It was approved. It was later overturned.

A "yes" vote supported amending the constitution to define marriage as between a man and a woman, and prohibiting all other domestic unions, including civil unions, in the state.

A "no" vote opposed amending the constitution to define marriage as between a man and a woman, and prohibiting all other domestic unions, including civil unions, in the state.


Election results

North Carolina Amendment 1

Result Votes Percentage

Approved Yes

1,317,178 61.04%
No 840,802 38.96%
Results are officially certified.
Source


Overview

What was this amendment designed to do?=

This amendment was designed to provide that marriage only be recognized as a union between one man and one woman, and banned any other type of "domestic legal union" such as civil unions and domestic partnerships.[1][2]

Aftermath

Fourth Circuit Court

The US Court of Appeals for the Fourth Circuit became the second federal court to make a ruling about same-sex marriage on July 28, 2014. The court ruled that same-sex marriage bans such as Amendment 1 were unconstitutional.[3]

In their decision, the court said:[4]

“ The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.

[5]

”

As a decision made by a federal appeals court, this decision also has an impact on similar measures in South Carolina and Virginia.

On October 6, 2014, the Supreme Court of the United States declined to hear the case appealing the decision of the federal circuit court, thus allowing the ruling of the Fourth Circuit Court to stand and making same-sex marriage "presumptively legal" in North Carolina.[6]

U.S. District Court

On October 10, 2014, Judge Max Cogburn of the U.S. District Court of Western North Carolina officially struck down the ban on same-sex marriages in North Carolina. The ruling was implemented immediately.[7]

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[8]

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[9]

Text of measure

Ballot title

The ballot title for Amendment 1 was as follows:

“

Constitutional amendment to provide that marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.

”


Constitutional changes

The proposed measure amended Article 14 of the North Carolina Constitution by adding a new section:

Sec. 6. Marriage.

Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.

Support

Vote for Marriage NC led the campaign in support of the amendment.[10][11][12]

Supporters

Arguments

  • Supporters of the amendment argued that without an amendment banning same-sex unions, situations in which married same-sex couples move from states like New York would seek legal rights and they argued that the state was not "equipped to handle that." Rep. Paul Stam said, "They're going to bring with them their same-sex marriages. They're going to want to get divorced" and have custody issues decided, he said. "We're not equipped to handle that."[18]
  • Supporters also argued that the issue should be settled by voters and that polls indicate that there was support for such an amendment. "It is too serious a topic for a handful of people (legislators) to make a decision like that," said Rep. Larry Brown.[19]
  • Rep. Mitch Gillespie said, "We've been fighting for this for a long time. I fully expect it to pass this year and I expect a large bipartisan vote on it."[20]
  • Tami Fitzgerald, executive director of N.C. Values Coalition, argued that placing the amendment was the "right thing to do" and it fulfilled the democratic process by allowing everybody to vote. Fitzgerald added, "The people of North Carolina want to determine for themselves how they want to define marriage. They don’t want activist judges doing it for them."[21]
  • In a response to President Obama's statement of opposition to the measure, Bishop Burbidge and Bishop Jugis penned a joint statement further explaining their support of the amendment, saying, "Our profound regard for marriage, as the complementary and fruitful union of a man and a woman does not negate our concern for the well-being of all people, but reinforces it."[22]
  • When asked why elected officials were focusing on social issues during hard economic times, Union County Commissioner Todd Johnson responded by saying, "One thing comes to mind. If the moral and social issues of our country are not addressed, we don’t have to worry about the economic issues. They will not matter at that point in time."[23]

Opposition

The Coalition to Protect NC Families and the Human Rights Campaign NC Families PAC led the campaign opposing the amendment.[24][25][11]

Opponents

Arguments

  • Opponents of the measure argued that a ban on legal same-sex unions should not be added to the state constitution. They also argued that the subject - "rights of a minority" - should not be up for a vote.[20] Others argued that the proposed amendment may lead to more bullying of gay youth; in addition, the amendment could invalidate certain domestic violence protections for unmarried couples, gay or straight.[18][34]
  • Some lawmakers argued that the proposed amendment would hurt employment in the state. Rep. Larry Hall said, "Instead of creating an environment where we can create employment, attract entrepreneurs (and) attract talent, we're going to try to put a sign up to say, 'You are not welcome if you want to contribute to our society.'"[35]
  • Rev. T. Anthony Spearman, pastor of Clinton Tabernacle African Methodist Episcopal Zion said that the amendment "is not fair and it certainly is not just."[20]
  • According to reports, Democrats argued that the amendment was a tactic to help Republicans attract more voters to the election polls in 2012 which would reportedly would have close elections for president and governor.[35]
  • "This is a transient issue of public policy and it has no place in the Constitution of North Carolina," said Rep. Joe Hackney, the House Minority Leader.[18]
  • On September 12, 2011 the Chapel Hill Town Council passed a resolution in opposition of the proposed amendment. "We do not believe in discriminating against people, no matter who they are," said council member Penny Rich. The town at the time offered equal benefits to couples in a domestic partnership regardless of sexual orientation, and would not be permitted to continue offering these benefits if the amendment passed.[36]
  • President Barack Obama spoke out against the proposed amendment. "While the president does not weigh in on every single ballot measure in every state, the record is clear that the president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples," said White House spokesman Cameron French.[37]
  • A spokesperson for Congresswoman Renee Ellmers said, "As a voter, she [Ellmers] would vote against a piece of legislation that would add a ban on civil unions to the protection of marriage since they are two different issues and should be dealt with separately."[38]
  • Log Cabin Republicans Executive Director R. Clarke Cooper said, "The proposed constitutional amendment is an unnecessary and overreaching incursion on North Carolina families, and with the opposition of conservatives like Rep. Ellmers, it will fail."[38]
  • On October 7, 2011 Gov. Bev Perdue announced that she planned to vote against the amendment. In a press release she said, "I continue to support that law today. But I'm going to vote against the amendment because I cannot in good conscience look an unemployed man or woman in the eye and tell them that this amendment is more important than finding them a job."[39][40]
  • On December 6, 2011 Raleigh City Council passed a resolution (6-2 vote) in opposition of the same-sex marriage amendment.[41][42]
  • In a statement made against the amendment, Sen. Kay Hagan said, "North Carolina is one of the most business-friendly states in the nation, and this amendment would harm our state’s ability to recruit the innovators and businesses that are driving our economic recovery."[30]
  • Some opponents of the measure, such as Ed Hanes Jr., a candidate for NC House District 72, and Rev. Paul Lowe, pastor of Shiloh Baptist Church, expressed their belief that the purpose of the amendment was to divide voters during a crucial election year. Hanes spoke to Democratic voters in Winston-Salem saying, "It's an amendment put in place to ensure that we stay not focused on what our ultimate goal needs to be, and that is ensuring that our president, Barack Hussein Obama, is re-elected this year."[43]

Path to the ballot

See also: Amending the North Carolina Constitution

The North Carolina Constitution, Section 4 of Article XIII, requires that a legislatively referred amendment go on the ballot after it is approved by a 60% vote of each house of the North Carolina State Legislature.

On September 12, 2011, the House voted 75-42 in favor of referring the proposed amendment to the statewide ballot.[18] The State Senate echoed the House with a 30-16 approval vote a day later on September 13, 2011.[44]

See also

2012 Measures

North Carolina

News and analysis


External links

Footnotes

  1. ↑ QNotes, "Anti-gay marriage amendment filed in N.C. Senate," February 22, 2011
  2. ↑ ENCToday.com, "Same sex marriage ban aims to protect definition of marriage," February 24, 2011
  3. ↑ USA Today, "Appeals panel strikes down Virginia gay marriage ban," July 28, 2014
  4. ↑ NBC News, "Second Appeals Court Strikes Down Same-Sex Marriage Ban," July 28, 2014
  5. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. ↑ The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
  7. ↑ Charlotte Observer, "Federal judge overturns NC same-sex marriage ban," October 10, 2014
  8. ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
  9. ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
  10. ↑ North Carolina State Board of Elections, "Committee filings," accessed December 8, 2011
  11. ↑ 11.0 11.1 News & Record, "Marriage Amendment committees," December 1, 2011
  12. ↑ Associated Press, "Referendum committee to back passage of gay marriage ban referendum in North Carolina formed," December 1, 2011
  13. ↑ Goston Gazette, "Local Catholic leaders show support for marriage amendment," February 12, 2012 (dead link)
  14. ↑ Durham County Republican Party press release, March 18, 2012
  15. ↑ Star News Online, "Faith leaders on both sides of Amendment One," April 20, 2012
  16. ↑ Huffington Post, "North Carolina Amendment 1: Newt Gingrich Encourages Anti-Gay Ballot Measure," April 23, 2012
  17. ↑ Huffington Post, "Billy Graham Backs Anti-Gay Marriage Amendment In North Carolina," May 2, 2012
  18. ↑ 18.0 18.1 18.2 18.3 Cite error: Invalid <ref> tag; no text was provided for refs named ObserverSept132011
  19. ↑ Winston-Salem Journal, "Same-sex marriage back on N.C. front burner," September 18, 2011
  20. ↑ 20.0 20.1 20.2 News Observer, "Same-sex marriage foes rally for amendment," May 18, 2011
  21. ↑ Advocate.com, "N.C. Marriage Ban Supporter Wants the People to Decide," August 23, 2011
  22. ↑ NBC 17 "NC Catholic Bishops denounce Obama's stance on Amendment 1," March 26, 2012
  23. ↑ Charlotte Observer, "Union County board favors ban on same-sex marriage," April 3, 2012
  24. ↑ North Carolina State Board of Elections, "Committee filings - Coalition to Protect NC Families," accessed December 8, 2011
  25. ↑ North Carolina State Board of Elections, "Committee filings - Human Rights Campaign," accessed December 8, 2011
  26. ↑ Huffington Post, "Obama Opposes Amendment One, North Carolina Ballot Question Banning Gay Marriage," accessed March 16, 2012
  27. ↑ Towleroad, "NC Elections Official Resigns Over Anti-Gay Marriage Amendment," January 10, 2012
  28. ↑ Chapel Hill News, "Commissioners reject marriage amendment," February 1, 2012
  29. ↑ Associated Press, "Etheridge makes clear views on NC taxes, amendment," February 6, 2012
  30. ↑ 30.0 30.1 Advocate.com, "N.C. Senator Kay Hagan Speaks Out Against Antigay Amendment 1," February 22, 2012
  31. ↑ 31.0 31.1 31.2 Creative Loafing Charlotte, "How would Amendment One affect your life?" April 24, 2012
  32. ↑ WXII12 "N.C. NAACP goes on radio against marriage amendment," April 27, 2012
  33. ↑ Care2 "Bill Clinton: Amendment 1 Will Hurt Families and Drive Away Jobs," May 7, 2012
  34. ↑ ProtectAllNCFamilies, "Domestic Violence Protections"
  35. ↑ 35.0 35.1 WRAL, "Business, religion cited in NC gay marriage events," September 6, 2011
  36. ↑ The Daily Tar Heel, "Chapel Hill Town Council against NC Defense of Marriage Act," September 12, 2011
  37. ↑ Huffington Post, "Obama Opposes Amendment One, North Carolina Ballot Question Banning Gay Marriage" March 16, 2012
  38. ↑ 38.0 38.1 goqnotes.com, "Gay Republicans applaud Ellmers opposition to amendment," October 3, 2011
  39. ↑ The Charlotte Observer, "Political, not principled, stand on gay marriage," October 11, 2011
  40. ↑ Associated Press, "N.C. governor opposes gay-marriage amendment," October 8, 2011
  41. ↑ The Progressive Pulse, "Raleigh passes resolution opposing anti-gay constitutional amendment (video)," December 6, 2011
  42. ↑ News & Observer, "Raleigh council opposes same-sex marriage amendment," December 7, 2011
  43. ↑ YesWeekly, "Black leaders reject marriage amendment," April 4, 2012
  44. ↑ The Washington Independent, "Anti-gay marriage amendment heads to N.C. ballot without public input," September 13, 2011
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