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* [[Status of same-sex marriage]]
* [[Status of same-sex marriage]]
* [[Timeline of same-sex marriage]]
* [[Timeline of same-sex marriage]]
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==References==
==References==

Revision as of 10:17, 9 May 2012

Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal

North Carolina does not legally recognize any same-sex union, including civil unions and same-sex marriages. A U.S. state constitutional amendment was voted into effect on May 8, 2012, banning same-sex unions and defining marriage between a man and a woman as the only valid "domestic legal union" in the state.[1][2] The amendment bans not only same-sex marriage and civil unions, but could end the legal recognition of unmarried opposite-sex couples in domestic partnerships.[3] State law also provides in statute §51‑1.2 that "marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina."[4] 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.[1][5]

Civil unions

The constitutional amendment of May 8, 2012, banned civil unions and domestic partnerships for same-sex couples and opposite-sex couples alike.[1] In an April 2012 Elon University poll, 29.1 percent of voters said they would support same-sex civil unions or partnerships, and 37.5 percentwould support full marriage rights.[6][7]

Domestic partnerships

Rainbow flag flapping in the wind with blue skies and the sun. Photo by Ludovic Bertron.
Rainbow flag flapping in the wind with blue skies and the sun. Photo by Ludovic Bertron.

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. The cities and counties in North Carolina with domestic-partner registries are the following:[clarification needed]

Chapel Hill

Chapel Hill allows registration of domestic partnerships[8] between any two adults who live together in a long-term relationship of indefinite duration, with an exclusive mutual commitment in which the partners share the necessities of life and are financially interdependent, and also are not married to anyone else, do not have another domestic partner and not related by blood more closely than would bar their marriage in the state.[9]

Carrboro

Carrboro permits domestic partnerships between any two persons who are residents of the Town of Carrboro or at least one of whom is an employee of the Town of Carrboro.[10]

Durham

In 2003, Durham became the third city to allow domestic-partner benefits to employees.[11]

Orange County

In 2003, Orange County, North Carolina, Commissioners approved a measure to extend benefits to domestic partners of county employees.[12] Benefits available include dependent health, dental, life, retiree health insurance, funeral leave, sick leave, shared leave and family leave of absence.[12] The estimated cost for one percent of Orange County (or seven employees) to participate in domestic partner benefits was $17,000 for the county's contribution.[13]

Greensboro

Greensboro began offering domestic-partner benefits in 2007.[14] The town council was initially concerned that by offering domestic-partner benefits they would be in violation of North Carolina's crimes-against-nature law as well as federal equal-protection laws if they offered those benefits to same-sex couples and not unmarried heterosexual couples.[15]

Mecklenburg

Mecklenburg County passed policy allowing domestic-partner benefits for county employees and their partners in December 2009.[16] The approved plan defines "domestic partners" as two same-sex people in a "spousal like" and "exclusive, mutually committed" relationship in which both "share the necessities of life and are financially interdependent".[17]

Asheville

On February 22, 2011, the City Council of Asheville authorized the creation of a Domestic Partner Registry to recognize same-sex relationships, becoming the first city in Western North Carolina to do so. The registry became available on May 2, 2011.[18]

Amendment one

Main article: North Carolina Senate Bill 514 (2011)

A bill proposing a state constitutional amendment to ban all same-sex unions was passed (Senate Bill 514) by the North Carolina House of Representatives on September 12, 2011, and by the North Carolina Senate, on September 13, 2011.[2][19] The constitutional amendment appeared on the May 8, 2012, primary ballot[20] and was approved by voters,[1] adding a new provision under Article 14 of the North Carolina Constitution that reads:

"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."

Potential effects

In a study by Maxine Eichner, Barbara Fedders, Holnin Lau, and Rachel Blunk of the University of North Carolina School of Law, the authors discuss how the wording in the proposed amendment can have legal implications beyond banning marriage between same-sex couples.[21] It is difficult to determine how the courts will interpret the amendment based on the broad and untested language it contains.[21]

The following subsections attempt to discuss the possible impacts that are most commonly debated:

Employee benefits

Some say that all unmarried couples, both same-sex and opposite-sex, and their children that are receiving domestic-partner benefits as public employees will no longer be eligible for those benefits under this amendment.[3][22] The second sentence in the amendment seeks to address this issue by continuing to allow private-party contracts between employees and employers. For example, a private company could agree to extend health benefits to employees and their partners.[23] However, since "domestic legal union" is untested language in the courts, the issue will likely face litigation to determine what the actual meaning will be and how it will be implemented.[24]

Legal protections

In addition to restricting benefits to couples in domestic partnerships, the amendment could also strip protections for unmarried couples such as domestic violence and stalking protections.[3][22] If the courts determine that the language used in the amendment invalidates protections for unmarried couples it could harm domestic-violence protections for that population.[25] After passing a similar constitutional amendment in Ohio, several courts ruled that domestic violence protections did not apply to unmarried couples and cases were dismissed or told not to press charges.[25] The courts could determine that validation of unmarried couples domestic legal union status would violate the amendment.[21] However, the counter argument is that North Carolina's domestic-violence statutes are better defined and include protections for unmarried couples.[7]

North Carolina Statute 50B-1, Domestic Violence, states:

(b) For purposes of this section, the term "personal relationship" means a relationship wherein the parties involved:
(1) Are current or former spouses;
(2) Are persons of opposite sex who live together or have lived together;
(3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;
(4) Have a child in common;
(5) Are current or former household members;
(6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.[26]

Adoption and child-visitation protections are also in question. While North Carolina only allows adoption by one unmarried adult,[7] there are cases where children are adopted by two unmarried adults (including same-sex couples) in other states and are now living in North Carolina. Since those relationships would not be recognized if Amendment One passes, there could be serious consequences. In Potential Legal Impacts of the Proposed Same Sex Marriage Amendment, the authors conclude that in child-custody disputes "judges may interpret [amendment one] as an expression of public policy against all non-marital relationships. This interpretation may cause judges to view such relationships as having a per se negative impact on a child, and fashion custody orders accordingly.[21] They also say that in custody disputes between a parent and non-parent, the courts could decide that one parent's relationship is impermissible since it would validate a domestic legal union other than heterosexual marriage.[21] As with the other protections in question it seems that the courts will have to decide what the actual interpretation and implementation will be in this area, if the amendment passes.

Other areas of protection that are under question include hospital visitation, emergency medicals decisions, and disposition of deceased partner's remains.[3][22] Although there are legal documents that can help protect medical and financial security (power of attorney, living will, medical power of attorney), these could be contested in court based on the argument that they recognize a domestic legal union between the two parties.[21] Issues in estate planning could arise through increased litigation contesting wills of unmarried individuals, particularly those in same-sex relationships.[21] Again, the courts could rule that any recognition of a domestic legal union between unmarried partners would be unconstitutional and therefore rule those wills and trusts invalid.[21]

Economics

In addition to legal implications, there is concern that if the amendment passes it would harm economic development and vitality. Some feel that business's employee recruitment and retention will be hurt if the most talented prospects do not feel that North Carolina is progressive or representative of their beliefs.[27] Since many Fortune 500 companies have implemented policies protecting employees against discrimination based on sexual orientation, they may feel that North Carolina does not project a suitable image for their business.[27]

Public opinion

In a poll released by Elon University on April 2, 2012,[28] 29.1 percent of those polled support civil unions or registered partnerships providing most of the rights found in a civil marriage, and 37.5 percent of those polled support full marriage rights for same-sex couples. 29.2 percent oppose any form of legal recognition for same-sex couples.

The survey results over time are as follows:

Elon University Poll: April 2, 2012[28]

Which statement comes closest to your position on the issue March 2012 February 2012 November 2011 September 2011
Oppose any legal recognition for same sex couples 29.2% 31.9% 34.5% 34.4%
Support civil unions or partnerships for same sex couples, but not full rights 29.1% 27.8% 26.4% 28.6%
Full marriage rights for same sex couples 37.5% 35.8% 33.0% 33.0%
Some other opinion 2.1% 1.7% 2.9% 2.2%
Don't know 1.3% 1.9% 2.5% 1.7%
Refused 0.9% 0.9% 0.6% 0.2%

Public Policy Polling surveyed 520 North Carolina voters between September 1 and 4, 2011, and received the following results:

Public Policy Poll: September 7, 2011[29]

Do you think same-sex marriage should be legal or illegal? Their Opinion
Legal 31%
Illegal 61%
Not sure 8%
Which of the following best describes your opinion on gay marriage? Their Opinion
Gay couples should be allowed to legally marry 25%
Gay couples should be allowed to form civil unions but not marry 29%
There should be no legal recognition of a gay couple's relationship 43%
Not sure 3%
State legislators are trying to pass a Constitutional amendment that would prohibit the recognition of marriage, civil unions, or domestic partnerships for LGBT couples. If the election was held today, how would you vote for this amendment? Their Opinion
Would vote for it 30%
Would vote against it 55%
Not sure 15%

See also

References

  1. ^ a b c d Zucchino, David (May 8, 2012). "North Carolina Passes Ban on Gay Marriage". Los Angeles Times. Retrieved May 9, 2012.
  2. ^ a b "Senate Bill 514 "Defense of Marriage" (Amendment 1)". Archived from the original on April 19, 2012.
  3. ^ a b c d "Marriage Amendment Would Affect Many People, Panel Says". Winston-Salem Journal. Retrieved April 23, 2012.
  4. ^ "Chapter 51- Article 1". Archived from the original on April 19, 2012.
  5. ^ Blades, Meteor. "North Carolina Voters Approve Anti-Marriage Equality Amendment, Until They Learn What It Does". Daily Kos. Retrieved April 23, 2012.
  6. ^ "Elon University Poll April 2, 2012". Archived from the original (PDF) on April 19, 2012.
  7. ^ a b c Darst, Brittany (April 20, 2012). "Amendment One – Fact and Fiction". Archived from the original on April 22, 2012.
  8. ^ "Town of Chapel Hill: General Policies". Archived from the original on April 19, 2012.
  9. ^ "Town of Chapel Hill: Domestic Partnership". Archived from the original on April 19, 2012.
  10. ^ "Carrboro Town Code: Chapter 3". Archived from the original (PDF) on April 19, 2012. {{cite web}}: |section= ignored (help)
  11. ^ "Durham Votes to Allow Benefits for Domestic Partners". WRAL-TV. April 7, 2003. Archived from the original on April 19, 2012.
  12. ^ a b "Orange County, NC To Offer Partner Benefits". December 1, 2003. Archived from the original on April 21, 2012.
  13. ^ "Orange County Commission Agenda Action Items". September 21, 2004. Archived from the original (PDF) on April 21, 2012.
  14. ^ "May North Carolina Local Government Employers Offer Domestic Partner Benefits?" (PDF). University of North Carolina at Chapel Hill. November 2009. Retrieved April 4, 2012. In North Carolina, only Durham and Orange counties, the cities of Durham and Greensboro, and the towns of Chapel Hill and Carrboro offer domestic partner benefits.
  15. ^ "Greensboro To Move Forward on Domestic Partnership Benefits". Archived from the original on April 21, 2012.
  16. ^ "North Carolina County Passes Domestic Partner Benefits Despite Defamatory Comments from Commissioner Bill James". Archived from the original (PDF) on April 21, 2012.
  17. ^ Comer, Matt (December 16, 2009). "Mecklenburg Commissioners Approve DP Benefits". Archived from the original on April 21, 2012.
  18. ^ "Domestic Partner Registry Available May 2". April 27, 2011. Archived from the original on April 19, 2012.
  19. ^ "Senate Vote Puts Marriage Amendment Issue to the Voters". WRAL-TV. Retrieved May 9, 2012.
  20. ^ "SL2011-0409". Archived from the original on April 19, 2012.
  21. ^ "North Carolina Marriage Protection Amendment Fact Sheet". Archived from the original (PDF format; requires Adobe Reader) on April 21, 2012.
  22. ^ Geary, Mark (April 18, 2012). "Understanding North Carolina's Proposed Amendment One". Archived from the original on April 21, 2012.
  23. ^ a b Shapiro, Lila (April 9, 2012). "Same-Sex Marriage: North Carolina's Proposed Ban, Amendment One, Could Create 'Legal Chaos'". The Huffington Post. Archived from the original on April 21, 2012.
  24. ^ "Chapter 50B". Archived from the original on April 21, 2012.
  25. ^ a b "Biz Owners: Amendment One Could Harm Business Economic Development". Archived from the original on April 21, 2012.
  26. ^ a b "Elon University Poll: April 2, 2012". Archived from the original (PDF format; requires Adobe Reader) on April 19, 2012.
  27. ^ "NC Against Gay Marriage, But Also Marriage Amendment" (PDF format; requires Adobe Reader). Public Policy Polling. September 7, 2011. Retrieved September 7, 2011.

External links

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