On Thursday, a three-judge panel of the Sixth U.S. Circuit Court of Appeals (which covers Michigan, Ohio, Tennessee and Kentucky) upheld a state-level ban on same-sex marriage, all but guaranteeing that the same-sex marriage issue will reach the Supreme Court within a year.
Earlier this year, the Supreme Court elected not to consider the issue because all the circuit courts had thus far been in agreement – but the Sixth Circuit’s decision creates a split. It’s the first time a circuit court has ruled that a ban on same-sex marriage is constitutional; previous courts (including the Fourth, which covers North Carolina) have all ruled that such a ban violates the Fourteenth Amendment’s Equal Protection Clause.
Because of that earlier ruling, North Carolina now treats its prior ban on same-sex marriage as invalid, and gay and lesbian couples have been able to apply for and receive marriage licenses since October 10. Supreme Court observers say the Court will likely side with the Fourth Circuit and strike down same-sex marriage bans – but if it doesn’t, what does that mean for North Carolina? Or – more importantly – for the same-sex couples whose unions are now recognized?
Carrboro Mayor Lydia Lavelle and her partner, photographer Alicia Stemper, were the first same-sex couple in Orange County to receive a marriage license; they got married in a public ceremony at Town Commons two weeks later. (Legally, at least: Lavelle and Stemper actually held a wedding ceremony ten years ago.) Lavelle says she’s not worried the state will suddenly rescind that recognition, but she says it’s still an open question until the Supreme Court weighs in.
Lavelle spoke with WCHL’s Aaron Keck last week.
In the meantime, the Sixth Circuit’s decision has no immediate impact on North Carolina law – same-sex couples may still apply for and receive marriage licenses, as before. There has been one consequence, though: after Thursday’s ruling, Republicans Thom Tillis and Phil Berger followed through on their pledge to appeal the district court ruling that struck down North Carolina’s same-sex marriage ban last month.
That appeal, however, goes to the Fourth Circuit, which has already ruled that same-sex marriage bans generally violate the Equal Protection Clause.http://chapelboro.com/news/national/carrboro-mayor-weighs-sixth-circuit/
On Thursday, a three-judge panel of the Sixth U.S. Circuit Court of Appeals upheld bans on same-sex marriage in Michigan, Ohio, Kentucky and Tennessee – ruling that the bans do not violate the U.S. Constitution’s Equal Protection Clause.
That’s the first time a circuit court has ruled that way on a same-sex marriage case; up until Thursday, every other circuit court – including the Fourth, which covers North Carolina – had struck down gay marriage bans on equal protection grounds.
The Sixth Circuit’s ruling creates a division among judges, which means the U.S. Supreme Court is virtually certain to weigh in at its next opportunity, possibly within a year. (The Supreme Court elected not to hear arguments on the issue earlier this year, but only because there wasn’t a split in the circuits at the time.)
But what does the Sixth Circuit’s ruling mean for North Carolina – where same-sex couples have been filing for, and receiving, marriage licenses for weeks?
Chapel Hill Mayor Mark Kleinschmidt served as an attorney on the case that brought down the same-sex marriage ban here in North Carolina. He’s critical of the ruling – which puts the Sixth Circuit at odds with every other circuit court that’s weighed in – and he says he’s confident that the Supreme Court will overturn it. The Supreme Court currently includes a majority bloc of five justices – Kagan, Sotomayor, Breyer, Ginsburg, and Kennedy – who have consistently ruled in favor of LGBT rights since the mid-1990s in cases like Romer v. Evans, Lawrence v. Texas, and U.S. v. Windsor. (Kagan and Sotomayor, of course, joined the Court more recently.) Supreme Court observers usually identify Anthony Kennedy as a “swing” justice, even a conservative, but he’s actually authored many of the Court’s most pro-LGBT opinions. (And Kleinschmidt says there may be one more step before the Supreme Court: Thursday’s ruling was handed down by a three-judge panel of the Sixth Circuit Court, not by the full court itself, so petitioners may first ask for an “en banc” review by the full court before appealing to the Supremes.)
But the ultimate outcome is still uncertain, of course – and it may become even more uncertain should one of those justices retire in the near future. Compounding the matter is the fact that gay and lesbian couples are getting married in states across the country – including North Carolina – precisely because other judges have struck down their states’ same-sex marriage bans as violations of the Constitution’s Equal Protection Clause.
If the Supreme Court should actually rule that the bans do not violate the Constitution, what would that mean for North Carolina? Virginia? Idaho? Kleinschmidt says such a ruling is highly unlikely – but should it come, it would create a “constitutional crisis.” (It would also leave thousands of couples in legal limbo.)
Mark Kleinschmidt spoke with WCHL’s Aaron Keck.
Meanwhile in North Carolina, Thom Tillis and Phil Berger have followed through on their pledge to appeal District Court Judge Max Cogburn’s ruling striking down the state’s same-sex marriage ban. They filed that appeal on Thursday, shortly after the Sixth Circuit handed down its ruling. (That appeal, however, goes to the Fourth U.S. Circuit Court of Appeals, which has already ruled that same-sex marriage bans are unconstitutional.)http://chapelboro.com/news/national/supremes-circuit-court-upholds-gay-marriage-ban/
Cupcakes and civil rights come together in Carrboro this Saturday, when Mayor Lydia Lavelle will legally wed her long-time partner Alicia Stemper.
“Alicia and I celebrated our 10 year anniversary, but little did we dream two weeks ago that soon we’d be able to make it absolutely legal,” says Lavelle.
The couple was the first in line for a marriage license at the Orange County Register of Deeds office on the morning of October 13, after a court ruling struck down the state’s ban on same-sex marriage.
However, the two have been together for more than a decade and Lavelle says they’ve considered themselves married for quite some time now.
“We kind of look at it as renewing our vows,” says Lavelle. “We did have what we consider our wedding a little over 10 years ago. But we decided we wanted to share our re-commitment to each other with the Town of Carrboro and do it at Carrboro Town Commons.”
Now they’ll officially tie the knot and celebrate in true Carrboro style.
“All friends and community members who want to support us are welcome,” says Lavelle. “It’s going to be a short but sweet ceremony. We’re going to redo what we did before, then after that we’ll be there to shake hands and give everyone cupcakes for attending.”
The ceremony begins at 5 o’clock on Saturday at Carrboro Town Commons.http://chapelboro.com/news/news-around-time/carrboro-mayor-wed-town-commons/
ELIZABETH CITY, N.C. (AP) — A magistrate in northeastern North Carolina apparently will not face disciplinary action after refusing to marry two men after the end of the state’s gay marriage ban.
The Daily Advance of Elizabeth City reported that Pasquotank County Magistrate Gary Littleton refused Monday to marry Williams Locklear and Randall Jackson.
Littleton cited his religious views that marriage should be between one man and one woman.
Another magistrate, Lee Custis, married the men Tuesday.
Jackson told the newspaper that he and Locklear do not plan to file a formal complaint against Littleton.
His position conflicts with orders issued by the state Administrative Office of the Courts that all judicial personnel accommodate same-sex couples just as they would heterosexual couples after last week’s ruling by a federal judge striking down the prohibition.
Pasquotank isn’t the only county seeing issues: the group Equality NC says it’s looking into reports that magistrates in Alamance County are refusing to marry same-sex couples as well. Alamance Register of Deeds Hugh Webster says he won’t force his employees to act against their beliefs; as in Pasquotank County, he’ll just have another magistrate do it. It’s not clear, though, whether that means couples seeking marriage might be required to leave and come back later.
North Carolina magistrates have been directed to perform civil marriages for same-sex couples or face suspension or dismissal from their state jobs.
North Carolina Administrative Office of the Courts general counsel Pamela Weaver Best issued a memo Wednesday to state magistrates saying they would be violating their oaths of office if they refuse to marry gay or lesbian couples.
Best said magistrates who refuse to marry gay couples face suspension or dismissal. They could also face misdemeanor criminal charges for failing to discharge their duties.
In Greensboro on Tuesday, District Court Judge William Osteen finally issued his ruling on North Carolina’s same-sex marriage ban – declaring it unconstitutional, just as Judge Max Cogburn in Asheville did last Friday.
Before Friday, it was actually the Greensboro case that was being watched most closely, and many court observers were surprised that it was Cogburn who ruled first. Cogburn’s ruling effectively legalized same-sex marriage across the state, making Osteen’s case virtually a moot point.
But in his ruling, Osteen also found that State Senator Phil Berger and State House Speaker Thom Tillis do have the authority to intervene to continue trying to defend the state’s ban on gay marriage in court. That decision allows Berger and Tillis to appeal, if they so choose – though any appeal would go to the Fourth U.S. Circuit Court of Appeals, which has already declared that bans on same-sex marriage violate the Equal Protection Clause of the Fourteenth Amendment.
Either way, Judge Cogburn’s decision on Friday already opened the door to same-sex marriage across the state – and same-sex couples have already been applying for (and receiving) marriage licenses all week.http://chapelboro.com/news/state-news/greensboro-judge-finally-strikes-gay-marriage-ban/
Following a court ruling last week, the state of North Carolina has begun recognizing same-sex marriages – and as a consequence, state employees (including UNC employees) will now be able to enroll same-sex spouses in the State Health Plan.
UNC Chancellor Carol Folt made that announcement Tuesday along with Felicia Washington, the Vice Chancellor for Workforce Strategy, Equity, and Engagement.
Their statement is below.
Dear Carolina Community,
On Friday, Judge Max Cogburn, Jr., a United States District Court Judge for the Western District of North Carolina, entered an order ruling that North Carolina’s law prohibiting same-sex marriages is unconstitutional as a matter of law. This is, indeed, a historic ruling in our state.
We are pleased to share with you that earlier today, the State Health Plan and NCFlex informed us that employees can immediately begin to enroll same-sex spouses. Coverage can become effective as early as November 1, 2014, for same-sex marriages performed prior to October 13, 2014. This applies to marriages performed in North Carolina, as well as same-sex marriages lawfully solemnized outside of North Carolina. Same-sex marriages performed after this date would be treated as qualifying events, just as with opposite-sex marriages.
Instructions to complete the enrollment of a same-sex spouse are available at http://hr.unc.edu/?p=20974.
We will continue to communicate any important updates relating to this late-breaking news. Likewise, we will inform you of any instructions we receive from the Office of State Human Resources, the State Health Plan and NCFlex related to any policy changes…
Carol L. Folt, Chancellor
Felicia A. Washington, Vice Chancellor for Workforce Strategy, Equity,
Registers of deeds across North Carolina began accepting marriage applications from gay couples on Monday, following an historic court ruling that struck down the state’s ban on same-sex marriage.
That ruling, on Friday, came from an unexpected source. Most observers were watching North Carolina’s Middle District, where Judge William Osteen appeared poised to act – but it was Judge Max Cogburn who actually issued the ruling, in the Western District Court in Asheville.
Judge Cogburn’s ruling – following an earlier decision (Bostic v. Schaefer) by the Fourth U.S. Circuit Court of Appeals, which has jurisdiction over North Carolina – held that the “fundamental right to marry” extended to gay couples as well as straight couples, and thus that a ban on same-sex marriage violated the Equal Protection Clause in the U.S. Constitution’s Fourteenth Amendment.
But while Judge Cogburn based his ruling on equal protection, the case in question initially revolved around a First Amendment question of religious freedom: it was brought by clergy members who objected to the state’s telling them whose unions they could and could not sanctify.
Chapel Hill Mayor Mark Kleinschmidt – also a constitutional attorney – was one of the attorneys who worked on that case that ultimately led to Judge Cogburn’s historic ruling. He spoke with WCHL’s Aaron Keck on Monday.http://chapelboro.com/news/state-news/chs-mayor-attorney-historic-sex-marriage-case/
The Mayor of Carrboro and her longtime partner were first in the line of same-sex-couples that showed up at the Orange County Deeds office Monday for marriage licenses.
“We had to say this: ‘There is no legal impediment to our marriage,’” Alicia Stemper shared with a small group of cheering supporters as she and her partner, Carrboro Mayor Lydia Lavelle, walked back into the lobby of the Orange County Register of Deeds office with their 16-year-old son Avery Stemper.
The family arrived at around 7:45 a.m., and the office opened at 8.
The initial Monday-morning rush of same-sex couples getting marriage licenses was expected. On Friday, District Court Judge Max Cogburn in Asheville struck down Amendment One, and made same-sex marriage legal in North Carolina at around 5:30 p.m., a half hour after the Orange County office had closed.
By 10 a.m. Monday, nine gay and lesbian Orange County couples had gotten their licenses. It was an emotional day for some, including Stemper, whose hand trembled as she held the paper.
“I’m really happy, and I’m kind of overwhelmed,” said Stemper. “The emotion – it’s hard to prepare for. And it feels … like, I look at her face, and it’s… you know, reading that sentence, it really hit me anew.”
She and Lavelle have been together since 2003. They had a commitment ceremony at their home 10 years ago, attended by friends and family.
Lavelle said an October wedding is being planned.
“Plans are in the works for that right now,” said Lavelle. “We’re actually looking at Saturday, Oct. 25th. And you’ll hear more about it, probably shortly, because it’s something that we want to celebrate, really, with the community.”
Carrboro couple Lance Underwood and Mark Davis showed up wearing matching tuxedo hoodies. That’s because they intended to walk across the street to the courthouse right after they got the license.
“We’re just gonna, hopefully, walk across the street and make it happen,” said Underwood, “because we already had a real wedding with all our family and friends, you know, three-and-a-half years ago. So this is just about the paperwork and making it real.”
“Signing the deal,” Davis added.
Some local elected officials were at the deeds office, just to lend support and offer congratulations. One of them was Hillsborough Town Board member Jenn Weaver:
“It’s thrilling that Hillsborough is the county seat,” said Weaver. “This is one of those times where it’s just a wonderful place to feel proud about.”
And Chapel Hill Town Council member Lee Storrow:
“It’s a really exciting, historic day, and I wanted to be here to see the first couples come through.”
Register of Deeds Deborah Brooks lost her re-election bid in May to former Carrboro Mayor Mark Chilton, in part, possibly, because she stated she would only issue marriage licenses to same-sex couples if that was legal according to the state. Chilton said he would issue them immediately, regardless.
On Monday, as Brooks oversaw the smooth, orderly issuance of marriage licenses to same-sex couples for the first time in her office, she seemed as happy as anyone.
“I’m excited for them,” said Brooks. “As Register of Deeds, all I’m trying to do is follow the law. We’re ready to issue the license to everyone.”http://chapelboro.com/news/local-government/sex-couples-sign-get-married-orange-county/
Following an historic court ruling on Friday, same-sex marriage began this morning across the state of North Carolina – including here in Orange County.
There were five couples waiting in line at 8:00 a.m. when the Register of Deeds office opened in Hillsborough. First in line were Carrboro Mayor Lydia Lavelle and her longtime partner, photographer Alicia Stemper.
“Not tearing up is certainly a challenge,” said Stemper. “The oath we had to swear to (includes the sentence) ‘We further make oath that there is no legal impediment to such marriage’ – and we couldn’t have said that before Friday at 5:32.
“So getting to swear to that this morning was a really intense and wonderful moment.”
Stemper and Lavelle spoke with WCHL’s Ron Stutts and Aaron Keck live on the Morning News.
Same-sex marriage already began last Friday in some counties, like Buncombe and Wake, where the register of deeds elected to stay open late in the event of a possible ruling. That ruling came at 5:30 Friday afternoon, from District Court Judge Max Cogburn in Asheville, striking down the state’s ban on same-sex marriage in accordance with the Fourth U.S. Circuit Court’s earlier ruling that the “fundamental right to marry” extends to same-sex couples.
Judge Cogburn’s ruling sparked celebrations and excitement across the state – and not just from same-sex couples.
“I was photographing a (straight) wedding this weekend…and the bride saw me and said, ‘You don’t know how excited I am to be getting married on the first full day that everybody in my state can get married,’” Stemper said. So that was another moment for tearing up.”
Lavelle and Stemper held a commitment ceremony in September of 2004; while the state is only now recognizing their union, they actually celebrated their ten-year anniversary last month.
And while they were first in line on Monday morning, Stemper says being first isn’t as important as being able.
“(Being first) is fun, but what really matters…is that we can all do it,” she said. “It’s just a shame we can’t all do it together, because it’s significant for all of us.”http://chapelboro.com/news/state-news/really-intense-wonderful-moment/
After years of legal wrangling, a contentious fight at the ballot box, and one final tense day of watching and waiting, same-sex marriage is now legal in the state of North Carolina.
The ruling came down around 5:30 on Friday afternoon, from District Court Judge Max Cogburn in Asheville. Following an earlier ruling from the Fourth U.S. Circuit Court of Appeals, Cogburn ruled that North Carolina’s ban on same-sex marriage violated the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment.
Cogburn was one of two judges who were deliberating whether to rule on Friday. The other, William Osteen in Greensboro, asked for additional arguments on Monday; but Cogburn stayed beyond 5:00 to issue his ruling before the weekend. Most register of deeds offices were closed by then, including the Orange County office in Hillsborough, but the registers of deeds in Buncombe and Wake County kept their offices open late – and same-sex couples began marrying almost instantly.
Orange County’s Register of Deeds office will be open again on Monday.
Shortly before Judge Cogburn issued his ruling, WCHL’s Aaron Keck spoke with Carrboro Mayor Lydia Lavelle – who’s one of only a few openly gay elected officials in North Carolina, and who just celebrated her ten-year anniversary last month. (Carrboro, she notes, established the state’s first domestic partner registry on October 11, 1994 – almost exactly 20 years to the day before today’s decision.)
Judge Cogburn’s ruling Friday came after a last-ditch effort by Republican State Senator Phil Berger and State Representative Thom Tillis to intervene in the case. Tillis and Berger’s intervention delayed a ruling from Judge Osteen in Greensboro, but in Asheville, Cogburn denied their motion to intervene.http://chapelboro.com/news/state-news/dayonenc-sex-marriage-legal-nc/