LGBTQ rights in North Carolina: Difference between revisions
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Laws against homosexual activity were abolished in 2003 by the federal Supreme Court ruling ''[[Lawrence v. Texas]]''.<ref>''New York Times'': [http://www.nytimes.com/2003/06/26/politics/26WIRE-SODO.html "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003], accessed June 28, 2011</ref> |
Laws against homosexual activity were abolished in 2003 by the federal Supreme Court ruling ''[[Lawrence v. Texas]]''.<ref>''New York Times'': [http://www.nytimes.com/2003/06/26/politics/26WIRE-SODO.html "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003], accessed June 28, 2011</ref> |
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As of |
As of today, the state's [[sodomy law]], though unenforceable, had not been repealed by North Carolina legislators |
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==Recognition of same-sex relationships== |
==Recognition of same-sex relationships== |
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Revision as of 12:57, 14 May 2012
LGBTQ rights in North Carolina | |
|---|---|
 | |
| Status | Legal since 2003 |
| Gender identity | — |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | None |
| Restrictions | Statute limits marriage to one man/one woman |
| Adoption | Status unclear |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Carolina. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
Laws regarding same-sex sexual activity
Laws against homosexual activity were abolished in 2003 by the federal Supreme Court ruling Lawrence v. Texas.[1]
As of today, the state's sodomy law, though unenforceable, had not been repealed by North Carolina legislators
Recognition of same-sex relationships
North Carolina recognizes neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state bans same-sex marriage and all other types of same-sex unions both by statute and by constitutional amendment.
Local domestic partnership registration
Two North Carolina towns, both in Orange County, North Carolina, have recognized and issued domestic partner registrations since 1995: Carrboro and Chapel Hill. Such registrations are recognized only by the issuing jurisdiction. In Chapel Hill, registration is open to all applicants regardless of residency.[2] Registration in Carrboro is available to local residents only.[3] In addition, two cities offer domestic partnership benefits to same-sex couples: Greensboro and Durham. The counties of Durham, Orange, and Mecklenburg also offer these benefits.[4][5]
Constitutional ban on same-sex unions
In September 2011, the North Carolina General Assembly passed North Carolina Senate Bill 514 (2011) which put an amendment banning same-sex unions on the primary election ballot in May 2012. the measure passed after a vote of 30-16 in the state Senate and a vote of 74-42 in the state House.[6]
The amendment was passed by voters, 61% to 39%, on May 8, 2012, making North Carolina the final state in the Southern United States and 30th in the nation to adopt a constitutional amendment explicitly banning same-sex marriage, as well as all other forms of same-sex union. The amendment as passed adds the following text to Section XVI of the North Carolina Constitution:[7]
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.
Adoption rights
North Carolina does not have any specific laws that legalize or prohibit adoption by same-sex couples. The North Carolina Supreme Court, however, ruled 5-2 in 2010 against second parent adoptions, a legal method same-sex parents sometimes use to attain parental rights for both parties. Unless the legislature passes a law allowing second parent adoptions, full parental rights will remain unavailable to one of the members in each same-sex couple raising children.[8]
Discrimination protection
North Carolina outlaws discrimination based on religion, color, national origin, age, sex or handicap, but not sexual orientation or gender identity.[9] In Institutions of Higher education, many make their own policies regarding protection based on sexual orientation and gender identity, but recently the University of North Carolina at Chapel Hill ruled, after a controversy surrounding Christian a cappella group Psalm 100, that campus groups could discriminate based on religious belief.[10]
Hate crime laws
North Carolina's hate crimes statute covers race, color, religion, nationality or country of origin, but neither sexual orientation nor gender identity.[11]
Public opinion
A December 2011 Public Policy Polling survey found that 30% of North Carolina voters thought that same-sex marriage should be legal, while 57% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 56% of North Carolina voters supported the legal recognition of same-sex couples, with 27% supporting same-sex marriage, 29% supporting civil unions but not marriage, 40% favoring no legal recognition and 3% not sure.[12]
Social climate
Many metropolitan communities in the state, such as Raleigh, Durham, Chapel Hill and Charlotte, are welcoming to LGBT individuals, although not explicitly.[citation needed] Many metro areas and university communities have experienced hostile backlash from opposition groups (like the Christian Action League (CAL), which has opposed allowing gays and lesbians to serve in the military and sought to keep sodomy laws legal) and rogue anti-gay activists.[13]
North Carolina State University's GLBT Center (its on-campus support center for LGBT students and allies), which is located on campus at Harrelson Hall, had threats and anti-gay slogans spray painted on its door and glass-encased billboard in October 2011. GLBT Center Director Justine Hollingshead expressed shock following the vandalism that such an act would occur at what is supposed to be a safe place for LGBT students and their friends. "What we understand it to be is a crime motivated by hate bias," Hollingshead said.[14]
Numerous hate crimes targeting LGBT individuals continue to take place in North Carolina each year and go unpunished due to faulty evidence collection agencies, underfunded police forces in rural parts of the state, and few legal protections that explicitly protect LGBT victims. According to the Federal Bureau of Investigation’s recent report on Hate Crimes Statistics for 2006, hate-motivated crimes reported by local law enforcement rose 12 percent from 2005 to 2006. Many young people utilize the services of similar LGBT-focused centers of college campuses around the state to seek support, resources of empowerment and legal defense amidst such hostile climates.[15]
References
- ^ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, accessed June 28, 2011
- ^ Town of Chapel Hill: Domestic Partnership, accessed June 28, 2011
- ^ Human Rights Campaign: City and County Domestic Partner Registries, accessed June 28, 2011
- ^ Juffras, Diane M., “May North Carolina Local Government Employers Offer Domestic Partner Benefits?” November 2009. http://sogpubs.unc.edu/electronicversions/pdfs/pelb37.pdf
- ^ Comer, Matt. QNotes, “Mecklenburg Commissioners Approve DP Benefits,” Dec 16, 2009. http://www.q-notes.com/4607/mecklenburg-commissioners-approve-dp-benefits/
- ^ "Senate Bill 514 / S.L. 2011-409". NCGA website. North Carolina General Assembly. Retrieved 13 December 2011.
- ^ "Marriage Amendment passes in North Carolina by double-digits," The McDowell News, mcdowellnews.com, 9 May 2012, accessed 9 May 2012
- ^ Family Law Prof Blog, “Second Parent Adoption Struck Down by North Carolina Supreme Court,” Dec 22, 2010. http://lawprofessors.typepad.com/family_law/2010/12/second-parent-adoption-struck-down-by-north-carolina-supreme-court.html
- ^ Human Rights Campaign: North Carolina Non-Discrimination Law, accessed June 28, 2011
- ^ http://www.dailytarheel.com/index.php/article/2011/10/unc_clears_psalm_100_after_investigation
- ^ Human Rights Campaign: North Carolina Hate Crimes Law, accessed June 28, 2011
- ^ Public Policy Polling: "Perdue remains down to McCrory by 10, would romp Faison" December 9, 2011, accessed December 17, 2011
- ^ "Three anti-gay groups were pivotal in N.C. marriage amendment push". Beacon Hill Baptist Church: Christianity Baptist Resources. Retrieved 5 December 2011.
- ^ McDonald, Thomasi. "N.C. State GLBT office vandalized". The News & Observer. Retrieved 5 December 2011.
- ^ Editor (January 2, 2008). "As hate crimes rise, NC must act". The Carrboro Citizen. Retrieved 5 December 2011.
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