North carolina gay marriage laws
Marriage in North Carolina
Marriage is a serious commitment. Marriage is also a legal contract.
Marriage results in many legal consequences that people contemplating marriage should address before getting married. The best way to be assured that you have addressed these relevant issues is to consult with an attorney who has expertise in family law. You should execute this well in advance of marrying as it could take several weeks, or even months, to draft and finalize necessary documents to address your relevant legal needs.
Prior to contemplating marriage, you may not have previously had any reason to consult with an attorney; however, your marriage changes your legal status in many ways. When either spouse has children, or a dependent spouse from a prior marriage, obligations for past and future family support can be complex. When one party has significantly more assets than the other prior to marrying, a premarital consent should be considered.
Before you get married, you should decide how to top handle your separate property so that you undertake not unintentionally convert it to marital property. Separate property is defined as property that one spouse owned before
On Tuesday, May 8, 2012, the people of North Carolina passed an amendment to their mention constitution, stating: “Marriage between one guy and one lady is the only domestic legal union that shall be valid or recognized.” This amendment, which banned same-sex marriage as well as civil unions for straight or queer couples, passed 61% to 39%. In the days that followed the corridor of the amendment, President Obama stated, “It is vital for me to go ahead and affirm that I think same sex couples should be able to procure married.” Explore the constitutional issues around the events in North Carolina and President Obama’s response in this week’s eLesson.
Resources
Questions to Consider
- What is Amendment One?
- Which constitutional provisions or principles have been used in assist of legalizing same-sex attracted marriage? Which contain been used against legalizing it? What other arguments are made on each side, and which are most persuasive? Is the right to marry a partner of the same sex protected by the Constitution or the Bill of Rights? Why or why not?
- How has freedom of religion played a role in gay marriage laws by proponents and opponents?
- How does Amendment One in North Carolin
Skip to main content
More from the National Constitution Center
Constitution 101
Engage in deep thinking and analysis of the Constitution and America’s founding principles.
Media Library
Search and browse videos, podcasts, and blog posts on constitutional topics.
Founders’ Library
Discover primary texts and historical documents that span American history and have shaped the American constitutional tradition.
Modal body text goes here.
Email Share
Link copied to clipboard!
Ooops. Link couldn't be copied to clipboard!
News
At a time when the federal government is moving in a direction toward the acceptance and legal recognition of lesbian and homosexual couples, specifically notable in the current administration’s refusal to defend the Federal Defense of Marriage Act in pending lawsuits, North Carolina may be taking a step in the opposite direction.
On Tuesday, September 13, 2011, the North Carolina Senate voted 30-16 to position a constitutional amendment on the ballot in May 2012 seeking to further ban gay marriage in North Carolina. The House approved the initiative the day before, by a vote of 75-42. If approved by voters, the amendment would develop effective January 1, 2013.
At the outset of this discussion, it is worth noting that North Carolina law does not presently approve or recognize male lover marriage. General Statute § 51-1.2 specifically provides: “Marriages, whether created by ordinary law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.” Since that law went into effect on June 1, 2006, it has not been challenged in any North Carolina appellate court.
Previously, the legislature has voted down attempts to write a prohibit on