The Orange County Board of Commissioners committed this week to opposing a Republican bill in the General Assembly that would allow magistrates and other state employees to opt out of serving same-sex couples.

That opposition may include going to court.

“The only check on this legislature, apparently, is litigation,” said Orange County Commissioner Mark Dorosin.

At Tuesday night’s Board of Commissioners meeting, Dorosin introduced a resolution in response to Senate Bill 2, which passed 32-16 on Feb. 25, and now awaits a vote in the House.

Senate President Pro Tem Phil Berger, a Republican from Rockingham is behind Senate Bill 2, which he describes as a protection of religious beliefs.

“This legislation will exempt certain state officials from having to fulfill their statutory obligations to either perform [weddings] or provide marriage licenses for same-sex couples,” said Dorosin. “and so, I would like to petition the board this evening to adopt a resolution declaring our opposition to this discriminatory legislation.”

Citing Orange County’s dedication to upholding the civil rights of all residents, as well as recent rulings the U.S. Supreme Court and The U.S. Court of Appeals, Dorosin resolved that the Board of Commissioners urge the General Assembly to reject any legislation that excuses government employees or agents from performing their sworn duties.

He didn’t end there.

“Be it further resolved that if this discriminatory legislation should pass, the Orange County Board of Commissioners directs the county manager and the county attorney to collaborate with other governmental entities and community partners to directly participate in any litigation seeking to challenge such legislation.”

Commissioners Chair Earl McKee that such a petition would normally take between two-to-four weeks to come to a vote. But the timeliness of the issue, said McKee, demanded swift action.

Dorosin’s motion was quickly seconded, and the vote came quickly, too.

“I think it is important to state that we are willing to stick our necks out, and go to court on this,” said Commissioner Penny Rich.

The resolution passed 7-0.

Reached later by WCHL, Dorosin said he hasn’t spoken yet to commissioners from other counties to discuss plans for litigation if the bill passes the House, and Gov. Pat McCrory signs it into law.

But Dorosin, a civil rights lawyer, said that the feeling among a community of civil rights advocates is that it definitely will happen, if necessary.

“I think that there will likely be a coalition of advocates coming together,” said Dorosin.

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