SAME-SEX MARRIAGE:

7/2/08

Advocates in favor of a state constitutional ban on gay marriage say the legalization of such marriages in California should persuade Democratic legislative leaders in North Carolina to consider a ban.

Rep. David Lewis, R-Harnett, is a primary sponsor of a bill that has more than 60 co-sponsors. The amendment that would go before voters in November would limit marriage to a union of one man and one woman.

House Speaker Joe Hackney and Senate leader Marc Basnight has said no such amendment is necessary because state law already defines marriage between a man and a women.

House Minority Leader Paul Stam, R-Wake, said the California Supreme Court decision overturning a ban on same-sex marriage could allow North Carolina gay couples to get married in California, then sue in North Carolina court to have their marriage recognized as lawful.

"This is really about political motivation of turning out right-wing voters this fall and about expanding beyond our current law to deny any sort of protection to same-sex couples." -- Iam Palmquist, executive director of Equality North Carolina, which opposes an effort by lawmakers to get a proposed constitutional amendment on the ballot that would define marriage as between one man and one woman. Amendment supporters say they would be willing to put the question on the ballot any time of year.

Tougher ban on same-sex union sought

Lawmakers revive effort to amend state constitution

Dan Kane, Staff WriterComment on this story
RALEIGH - Opponents of same-sex marriage are making another attempt to amend the state's constitution to ensure such unions do not become law in North Carolina.

On Wednesday, they announced new legislation that gives voters the opportunity to vote for a constitutional amendment that defines marriage as "the union of one man and one woman at one time."

Several Republican lawmakers at a news conference said the recent court decision in California throwing out that state's ban on marriage of same-sex couples makes it urgent that lawmakers here take up the legislation. North Carolina law already prevents such marriages.

"We think because of the importance of marriage, as the real building block of our society, we feel that the people of North Carolina deserve the right to vote on should our constitution be amended to make sure that someone's lawsuit ... that falls upon the ears of a favorable judge cannot be used to invalidate the law of this state," said Rep. David Lewis, a Harnett County Republican.

No Democrats attended the conference, but supporters of the amendment provided a list of 66 House members, including several Democrats, who have signed on as sponsors. House and Senate leaders, however, have blocked efforts in the past several years to bring the referendum legislation to the floor for a vote.

Supporters of marriage for same-sex couples say the legislation is an attempt to place an issue on the November ballot that would drive conservatives to the polls, and, if passed, would further limit rights that same-sex couples have.

"We believe it's broad enough that it would prevent private companies from providing domestic partner health benefits in our state, which many of our top employers are doing now," said Ian Palmquist, executive director for Equality North Carolina.

Marriage provides many benefits to couples and their children, such as access to health care and the ability to transfer assets. Rep. Ruth Samuelson, a Charlotte Republican, said homosexuals are not being denied those benefits -- they just have to marry someone of the opposite sex.

"If they want to get married, then they find a man or a woman and they get married and they have all those rights," she said.

Referendum supporters say allowing marriage of same-sex couples would harm North Carolinians because the institution of marriage would be so compromised that it would be rendered nearly meaningless. Marriage is in decline in Scandinavian countries that allow same-sex couples to marry, said John Rustin, a lobbyist with the N.C. Family Policy Council.

House Minority Leader Paul Stam of Apex said there are studies that show children do not fare as well in marriages of same-sex couples.

Palmquist said marriages were in decline in Scandinavian countries long before marriage of same-sex couples was recognized, so there's no cause-and-effect relationship. He also said that the studies were sponsored by opponents of such marriages, while independent studies have shown children fare just as well with same-sex parents in committed relationships.

North Carolina and Florida are the only two states in the South that have not passed voter referendums banning same-sex marriage. Florida is holding a referendum in November.