Former Carrboro mayor Mark Chilton confirmed today that if he’s elected as Orange County Register of Deeds, he will sign same-sex marriage licenses, in defiance of the North Carolina state constitution.
Listen to Chilton’s conversation with WCHL’s Aaron Keck.
In a statement on Facebook, Chilton said that his primary duty as an elected official is to uphold the U.S. Constitution above any state or local statutes that may contradict it – and that North Carolina’s ban on same-sex marriage and civil unions is “clearly contrary” to the federal Constitution, especially in the context of recent Supreme Court and lower-court decisions. (The Supreme Court has not yet weighed in directly on the question of whether the U.S. Constitution guarantees same-sex couples the right to marry, but lower courts in recent months have struck down state-level bans in Virginia, Texas, Kentucky, Oklahoma, Ohio, and Utah, all on constitutional grounds.)
Prior to today, Chilton had declined to say whether or not he’d issue same-sex marriage licenses – saying he preferred to focus on his other qualifications for the job, including an extensive background in real estate. But in an earlier interview, he told WCHL that he would give precedence to the U.S. Constitution above all other laws in his role in the office. “To my way of thinking,” he said last week, “the number one responsibility of all elected officials in North Carolina is to uphold the federal Constitution, above and beyond all other purported laws or constitutions.”
Chilton is one of three candidates for the position; the other two are former deputy Register of Deeds Sara Stephens and current incumbent Deborah B. Brooks. All three are Democrats, so the winner of the Democratic primary on May 6 will be the presumptive winner in the November general election. (Neither Brooks nor Stephens have weighed in definitively yet on the same-sex marriage issue, but Stephens told WCHL, “As Register, I feel it would be my responsibility to take actions within my power to ensure that our office is a friendly and welcoming place to all people.” Brooks has not issued same-sex marriage licenses in her tenure as Register of Deeds.)
Chilton’s full statement is below:
I’ll sign same sex marriage licenses if I am elected Orange County Register of Deeds.
I wasn’t really trying to talk about this issue at first in the Chilton for Register of Deeds race, because my campaign and qualifications for the office run much deeper. But the media keeps asking, so let me say it loud and clear: “Amendment One” is clearly contrary to the United States Constitution.
The Supreme Court’s decision in the Windsor case last year does not answer every remaining question about same sex marriage, but when read in the context of Roemer v. Evans, Perry v. Arnold Schwarzenegger etc., no one can seriously believe that that portion of our state constitution complies with the United States Constitution.
Some will no doubt argue that it is somehow not within the power of a county Register of Deeds to make decisions about the constitutionality of such matters. But let me remind them that the oath of office for all elected officials in North Carolina calls upon the officials to support and maintain the Constitution and laws of the United States, and the Constitution and laws of the State of North Carolina not inconsistent therewith. This oath means three important things in this context:
1. The United States Constitution is the supreme law of the land and no act, statute, ordinance, state constitution, public school rule, city parking ordinance or any other rule or act of any level of government in this country may operate in derogation of the Constitution of the United States of America. That is, we support and maintain the state constitution but only to the extent that it is consistent with the Federal constitution.
2. Because it is a part of the oath of office for all elected officials in North Carolina, it is clear that we all understand that there will continually be moments where an elected official must interpret and apply the United States Constitution – drawing out the distinction between the state and federal constitution actually goes to the very heart of the oath of office.
3. Thus, it is not merely within the power of the Orange County Register of Deeds to interpret the constitutionality of Amendment One, it is the obligation and solemn duty of the Register of Deeds to do so.
In light of all of the above, if I am elected Register of Deeds of Orange County, I will not enforce the federally unconstitutional parts of the North Carolina state statutes and constitutional provisions which purport to prohibit the issuance of same sex marriage certificates.