Carrboro Mayor Weighs In On Sixth Circuit

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.