Recognition of same-sex unions in North Carolina

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Legal recognition of
same-sex relationships
Marriage

Argentina
Belgium
Canada
Denmark
Iceland
Netherlands

Norway
Portugal
South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: Mexico City, ROO
United States: CT, DC, IA, MA, NH, NY, VT, Coquille, Suquamish

Recognized, not performed

Aruba, Curaçao and Sint Maarten (Netherlands only)
Israel
Mexico: all states (Mexico only)
United States: CA (conditional), MD, RI

LGBT portal

North Carolina does not legally recognize any same-sex union, including civil unions and same-sex marriages. A state constitutional amendment was voted into effect on May 8, 2012, banning same-sex unions and defining marriage between a man and a woman as the only valid "domestic legal union" in the state.[1][2] Before passage, state law had already restricted marriage to a man and woman in statute §51‑1.2.[3] The constitutional amendment bans not only same-sex marriage and civil unions, but could end the legal recognition of unmarried opposite-sex couples in domestic partnerships.[4] Some cities in the state recognize both same-sex and opposite-sex domestic partnerships. According to 2010 census data, there were 228,000 North Carolina couples in domestic partnerships and 12 percent of those were same-sex couples.[1][5]

Contents

Domestic partnerships

Some cities and counties in North Carolina recognize domestic partnerships. Registered domestic partners are legally recognized only by the jurisdiction in which they registered. The partnerships allow the extension of health benefits to employees and their domestic partners. The cities and counties in North Carolina with domestic-partner registries are the following:

Chapel Hill

Chapel Hill allows registration of domestic partnerships[6] between any two adults who live together in a long-term relationship of indefinite duration, with an exclusive mutual commitment in which the partners share the necessities of life and are financially interdependent, and also are not married to anyone else, do not have another domestic partner and not related by blood more closely than would bar their marriage in the state.[7]

Carrboro

Carrboro permits domestic partnerships between any two persons who are residents of the Town of Carrboro or at least one of whom is an employee of the Town of Carrboro.[8]

Durham

In 2003, Durham became the third city to allow domestic-partner benefits to employees.[9]

Orange County

In 2003, Orange County, North Carolina, Commissioners approved a measure to extend benefits to domestic partners of county employees.[10] Benefits available include dependent health, dental, life, retiree health insurance, funeral leave, sick leave, shared leave and family leave of absence.[10] The estimated cost for one percent of Orange County (or seven employees) to participate in domestic partner benefits was $17,000 for the county's contribution.[11]

Greensboro

Greensboro began offering domestic-partner benefits in 2007.[12] The town council was initially concerned that by offering domestic-partner benefits they would be in violation of North Carolina's crimes-against-nature law as well as federal equal-protection laws if they offered those benefits to same-sex couples and not unmarried heterosexual couples.[13]

Mecklenburg

Mecklenburg County passed policy allowing domestic-partner benefits for county employees and their partners in December 2009.[14] The approved plan defines "domestic partners" as two same-sex people in a "spousal like" and "exclusive, mutually committed" relationship in which both "share the necessities of life and are financially interdependent".[15]

Asheville

On February 22, 2011, the City Council of Asheville authorized the creation of a Domestic Partner Registry to recognize same-sex relationships, becoming the first city in Western North Carolina to do so. The registry became available on May 2, 2011.[16]

Amendment 1

Results of votes by county on Amendment 1, amending N.C. state constitution to ban legal recognition of same-sex marriages and civil unions.

A bill proposing a state constitutional amendment to ban all same-sex unions was passed (North Carolina Senate Bill 514) by the North Carolina House of Representatives on September 12, 2011, and by the North Carolina Senate, on September 13, 2011.[2][17] The constitutional amendment appeared on the May 8, 2012, primary ballot[18] and was approved by voters,[1] adding a new provision under Article 14 of the North Carolina Constitution that reads:

"Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."

Public opinion

In a poll released by Elon University on April 2, 2012,[19] 29.1 percent of those polled support civil unions or registered partnerships providing most of the rights found in a civil marriage, and 37.5 percent of those polled support full marriage rights for same-sex couples. 29.2 percent oppose any form of legal recognition for same-sex couples.

The survey results over time are as follows:

Elon University Poll: April 2, 2012[19]

Which statement comes closest to your position on the issueMarch 2012February 2012November 2011September 2011
Oppose any legal recognition for same sex couples29.2%31.9%34.5%34.4%
Support civil unions or partnerships for same sex couples, but not full rights29.1%27.8%26.4%28.6%
Full marriage rights for same sex couples37.5%35.8%33.0%33.0%
Some other opinion2.1%1.7%2.9%2.2%
Don't know1.3%1.9%2.5%1.7%
Refused0.9%0.9%0.6%0.2%

Public Policy Polling surveyed 520 North Carolina voters between September 1 and 4, 2011, and received the following results:

Public Policy Poll: September 7, 2011[20]

Do you think same-sex marriage should be legal or illegal?Their Opinion
Legal31%
Illegal61%
Not sure8%
Which of the following best describes your opinion on gay marriage?Their Opinion
Gay couples should be allowed to legally marry25%
Gay couples should be allowed to form civil unions but not marry29%
There should be no legal recognition of a gay couple's relationship43%
Not sure3%
State legislators are trying to pass a Constitutional amendment that would prohibit the recognition of marriage, civil unions, or domestic partnerships for LGBT couples. If the election was held today, how would you vote for this amendment?Their Opinion
Would vote for it30%
Would vote against it55%
Not sure15%

See also

References

  1. ^ a b c Zucchino, David (May 8, 2012). "North Carolina Passes Ban on Gay Marriage". Los Angeles Times. http://www.latimes.com/news/nationworld/nation/la-na-gay-marriage-20120509,0,1850058.story. Retrieved May 9, 2012. 
  2. ^ a b "Senate Bill 514 "Defense of Marriage" (Amendment 1)". Archived from the original on April 19, 2012. http://www.webcitation.org/672hyHw1N. 
  3. ^ "Chapter 51- Article 1". Archived from the original on April 19, 2012. http://www.webcitation.org/672feFrx4. 
  4. ^ "Marriage Amendment Would Affect Many People, Panel Says". Winston-Salem Journal. http://www2.journalnow.com/news/2012/apr/16/wsmet01-marriage-amendment-would-affect-many-peopl-ar-2166456/. Retrieved April 23, 2012. 
  5. ^ Blades, Meteor. "North Carolina Voters Approve Anti-Marriage Equality Amendment, Until They Learn What It Does". Daily Kos. http://www.dailykos.com/story/2012/03/30/1078140/-Poll-North-Carolina-voters-approve-anti-marriage-equality-amendment-until-they-learn-what-it-does. Retrieved April 23, 2012. 
  6. ^ "Town of Chapel Hill: General Policies". Archived from the original on April 19, 2012. http://www.webcitation.org/672qcglF8. 
  7. ^ "Town of Chapel Hill: Domestic Partnership". Archived from the original on April 19, 2012. http://www.webcitation.org/6730DhZvq. 
  8. ^ "Carrboro Town Code: Chapter 3". Archived from the original on April 19, 2012. http://www.webcitation.org/672uPlsbK. 
  9. ^ "Durham Votes to Allow Benefits for Domestic Partners". WRAL-TV. April 7, 2003. Archived from the original on April 19, 2012. http://www.webcitation.org/672xxgGcl. 
  10. ^ a b "Orange County, NC To Offer Partner Benefits". December 1, 2003. Archived from the original on April 21, 2012. http://www.webcitation.org/676WKboaH. 
  11. ^ "Orange County Commission Agenda Action Items". September 21, 2004. Archived from the original on April 21, 2012. http://www.webcitation.org/676Z450yJ. 
  12. ^ "May North Carolina Local Government Employers Offer Domestic Partner Benefits?". University of North Carolina at Chapel Hill. November 2009. http://sogpubs.unc.edu/electronicversions/pdfs/pelb37.pdf. Retrieved April 4, 2012. "In North Carolina, only Durham and Orange counties, the cities of Durham and Greensboro, and the towns of Chapel Hill and Carrboro offer domestic partner benefits." 
  13. ^ "Greensboro To Move Forward on Domestic Partnership Benefits". Archived from the original on April 21, 2012. http://www.webcitation.org/67840lARm. 
  14. ^ "North Carolina County Passes Domestic Partner Benefits Despite Defamatory Comments from Commissioner Bill James". Archived from the original on April 21, 2012. http://www.webcitation.org/6769AvI2O. 
  15. ^ Comer, Matt (December 16, 2009). "Mecklenburg Commissioners Approve DP Benefits". Archived from the original on April 21, 2012. http://www.webcitation.org/676AgmaUj. 
  16. ^ "Domestic Partner Registry Available May 2". April 27, 2011. Archived from the original on April 19, 2012. http://www.webcitation.org/672yrfRjq. 
  17. ^ "Senate Vote Puts Marriage Amendment Issue to the Voters". WRAL-TV. Retrieved May 9, 2012.
  18. ^ "SL2011-0409". Archived from the original on April 19, 2012. http://www.webcitation.org/6734bMWIw. 
  19. ^ a b "Elon University Poll: April 2, 2012" (PDF format; requires Adobe Reader). Archived from the original on April 19, 2012. http://www.webcitation.org/6734jopI7. 
  20. ^ "NC Against Gay Marriage, But Also Marriage Amendment" (PDF format; requires Adobe Reader). Public Policy Polling. September 7, 2011. Retrieved September 7, 2011.

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