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/
Lawyers for North Carolina Republican leaders have filed a legal brief urging a federal judge to allow them to intervene in a pair of cases seeking to overturn the state’s gay marriage ban.
House Speaker Thom Tillis and Senate leader Phil Berger filed their answer Friday shortly before a noon deadline imposed by Chief U.S. District Court Judge William Osteen Jr. in Greensboro. Osteen denied a request Thursday from the Republicans seeking an eight-day delay to prepare their arguments.
Osteen appears poised to strike down the marriage ban approved by North Carolina voters in 2012, issuing an order Wednesday lifting his stays and dismissing all prior motions.
The GOP leaders are seeking to intervene after Democratic state Attorney General Roy Cooper concluded all possible legal defenses had been exhausted.http://chapelboro.com/news/state-news/republican-leaders-try-stop-nc-gay-weddings/
On Monday, the U.S. Supreme Court decided not to take action – at least not right now – on the same-sex marriage issue. But that decision actually has major ramifications, nationwide and here in North Carolina, and advocates for same-sex marriage nationwide are rejoicing.
“I was shocked,” said Chapel Hill Mayor Mark Kleinschmidt Monday, “but then seconds later, just overjoyed.”
What the Court did on Monday was to deny cert – that is, to decline to review – five lower-court rulings on same-sex marriage. That means those lower-court rulings are allowed to stand. And each of those rulings struck down a different state’s ban on gay marriage – so by not acting on Monday, the Court effectively legalized same-sex marriage in five different states at once.
Those states are Utah, Oklahoma, Indiana, Wisconsin, and Virginia. The Court’s ruling (or non-ruling) Monday means that same-sex marriage is legal, right now, in all five states.
And that has significant implications for North Carolina. The Virginia ruling came down from the Fourth Circuit Court of Appeals, and North Carolina is in their jurisdiction – which means the Virginia ruling applies to North Carolina as well. There needs to be another court ruling to make that official – but based on the Fourth Circuit’s ruling, our ban on same-sex marriage will be struck down and same-sex marriage will be legal and recognized, perhaps even in a matter of days.
Listen to Mark Kleinschmidt’s conversation with WCHL’s Aaron Keck on Monday afternoon.
“I was as shocked as any Supreme Court watcher was,” says Kleinschmidt, who’s a constitutional attorney and a national advocate for same-sex marriage. Most legal experts assumed that the justices would accept the cases for review, in order to weigh in definitively on the matter. Earlier this summer, though, Justice Ruth Bader Ginsburg said the Court typically wouldn’t hear a case unless there were conflicting rulings from circuit courts – and in this case, every circuit court that’s ruled so far has ruled in favor of same-sex marriage.
There are several circuit courts that haven’t yet weighed in – including the Sixth Circuit, where judges in an oral argument earlier this year seemed more skeptical about the idea that same-sex marriage was constitutionally protected. Monday’s ruling (or non-ruling) doesn’t apply to the states under those courts’ jurisdiction – about 20 states in all. But it does apply to North Carolina, as well as numerous other states – inclding West Virginia, Maryland and South Carolina, which are also under the Fourth Circuit’s jurisdiction.
“There’s a whole lot of celebrating that’s going to go on in North Carolina…and it’s going to happen really big,” says Kleinschmidt. “While marriage is not available on this day at this hour in North Carolina for same-sex couples, it could happen as early as this week…
“Certainly there could be same-sex weddings on Halloween.”
The Fourth Circuit Court’s ruling in Virginia (in a case called Bostic v. Schaefer) doesn’t deal directly with North Carolina, so it will take an additional court ruling to overturn North Carolina’s same-sex marriage ban. But lower courts within the Fourth Circuit are legally bound by the circuit court’s rulings – and while the Bostic case only deals with Virginia’s law, the Fourth Circuit judges declared unequivocally that the “fundamental right to marry” extends to same-sex couples as well as opposite-sex couples.
Based on that reasoning, it’s a virtual certainty that North Carolina’s ban on same-sex marriage will be overturned. The ACLU of North Carolina has filed a request seeking an immediate ruling to that effect from Chief U.S. District Judge William Osteen, and there are other cases in the legal system as well – including one that Kleinschmidt is working on himself.
“(And) fundamental rights don’t end with just marriage,” Kleinschmidt says, looking forward. “Hopefully we’ll see courts now being able to make sure people don’t get thrown out of their houses and fired from their jobs (for being gay).”
The Supreme Court’s decision not to decide means that the same-sex marriage issue is still not entirely resolved. Another circuit court could still rule the opposite way, and if it does, the Supreme Court may take up the question at a later date.
But for now, proponents of same-sex marriage – like Kleinschmidt – are ecstatic.
“Liberty rules,” he said Monday. “And so does love.”http://chapelboro.com/news/national/liberty-rules-love/
RALEIGH — State Senate leader Phil Berger says Attorney General Roy Cooper should defend North Carolina’s same sex marriage ban in the wake of a federal appeals court ruling striking down Virginia’s law.
The Rockingham Republican said after the Senate session on Monday that Cooper should stand up for the people of North Carolina and uphold its constitution.
More than 60 percent of voters approved the amendment in 2012.
Cooper said at a news conference earlier in the day that his office would not defend the state’s ban on same sex marriage, saying the ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, made it highly likely North Carolina’s ban will be overturned.
North Carolina is part of the 4th Circuit.http://chapelboro.com/news/state-government/senate-leader-says-cooper-defend-amendment/