Jump to content

Same-sex marriage in North Carolina

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by MarriageEquality (talk | contribs) at 23:40, 10 September 2011 (→‎Public Opinion: Fixed Error). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

North Carolina recognizes neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state bans same-sex marriage, though there is no constitutional amendment banning same-sex unions implanted at this time. However, such an amendment is currently pending. Based on a poll, 76 percent of those surveyed support a constitutional amendment to ban same sex marriage and similar unions.[1] In another poll, over half of North Carolina residents would oppose a ban on same-sex marriage, though the majority does not support granting full marriage rights to same-sex couples.[2][3] 27.5% of those polled support civil unions or registered partnerships providing most of the rights found in a civil marriage, and 20.8% of those polled support full same-sex marriage. 44.4% oppose any form of legal recognition for same-sex couples.[4] A constitutional amendment banning same-sex marriage is expected to be introduced in 2011.[5]

Domestic partnerships

Though the state of North Carolina as a whole does not recognize domestic partnerships, individual jurisdictions are allowed to register domestic partnerships with no stipulation on the sex of the individuals involved.[6] Only the cities of Chapel Hill[7](open to all applicants regardless of residency)[8] and Carrboro (residency of Carrboro is required)[9] recognize and issue such registration within the state. Both cities are under the Jurisdiction of Orange County, NC. Domestic partnerships registrations have been open since 1995 . Holders of the registration will only be acknowledged as having entered the agreement by the jurisdiction that the holders originally registered with. The official ordinance for the city of Chapel Hill reads as follows.

Be it ordained by the Town Council of Chapel Hill that the Council amends Chapter 1 of the Town Code as follows:
Section 1
Add to Section 1-2, Definitions and rules of construction, a new paragraph in appropriate alphabetical order to read as follows:
Domestic partners. Two individuals who have reached the age of majority and 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. Also, domestic partners are not married to anyone else, do not have another domestic partner and are not related by blood more closely than would bar their marriage in this State.
Section 2
This ordinance shall be effective upon adoption.[10]

On Feb. 22, 2011, City Council of Asheville (Buncombe County, NC), authorized the creation of a Domestic Partner Registry to recognize same-sex relationships, becoming the first city in Western North Carolina (WNC) to do so, providing a mechanism through which hospitals, businesses, and other entities will have the opportunity to recognize those relationships.[11]

Public Opinion

Public Policy Polling surveyed 520 North Carolina voters from September 1st to 4th and received the following results.[12]

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. ^ http://www.wral.com/news/local/story/4604539/
  2. ^ Poll: more than 50% of NC adults oppose a marriage amendment
  3. ^ [1]
  4. ^ [2]
  5. ^ Gay marriage could be banned in N.C. with new Republican majority in General Assembly, senators say
  6. ^ [3]
  7. ^ [4]
  8. ^ [5]
  9. ^ [6]
  10. ^ [7]
  11. ^ http://www.ashevillenc.gov/news/news_releases/default.aspx?id=27046
  12. ^ Public Policy Polling: "NC against gay marriage, but also marriage amendment," September 7, 2011, accessed September 7, 2011
Retrieved from "https://en.wikipedia.org/w/index.php?title=Same-sex_marriage_in_North_Carolina&oldid=449630888"