Gay marriage legal in north carolina

On Tuesday, May 8, , the people of North Carolina passed an amendment to their state constitution, stating: “Marriage between one man and one girl is the only household legal union that shall be valid or recognized.”  This amendment, which banned same-sex marriage as successfully as civil unions for straight or gay couples, passed 61% to 39%.  In the days that followed the passage of the amendment, President Obama stated, “It is vital for me to travel ahead and affirm that I think same sex couples should be capable to get married.” Examine the constitutional issues around the events in North Carolina and President Obama’s response in this week’s eLesson.

Resources

Questions to Consider

1. What is Amendment One?
2. Which constitutional provisions or principles have been used in support of legalizing gay marriage? Which have been used against legalizing it? What other arguments are made on each side, and which are most persuasive? Is the right to join a partner of the same sex protected by the Constitution or the Bill of Rights?  Why or why not?
3. How has freedom of religion played a role
   

   Same Sex Marriage Now Legal in North Carolina – What Does It Really Mean?

   On October 10, , same sex marriages became legal in North Carolina.  A federal court ruled that alike sex marriage bans are unconstitutional, which resulted in the nullification of North Carolina’s laws prohibiting same sex marriage.  This means that same sex couples in North Carolina are now legally allowed to unite under the alike conditions as reverse sex couples.  The traditional gender roles historically associated with the terms “husband” and “wife” will rapidly  evolve as same sex marriages become commonplace in our neighborhoods.  Now, our citizens, lawyers and judges are sorting out how to adapt the old laws to this dramatic alter created by the legalization of alike sex marriages.

   Same sex couples in North Carolina can now avail themselves of the “family laws” in our state.  For example, equal sex couples may now get an absolute divorce based on a year’s separation.  Same sex spouses now acquire the same right as opposite sex spouses to try an equitable distribution by the court of the assets acquired
   
   

   NC Same-Sex Marriage Legal FAQs

   Now that same-sex couples acquire the freedom to marry in North Carolina and their marriages (no matter where performed) will be recognized by North Carolina and the federal government, Haas & Associates, P.A. has compiled a guide to answer some frequently asked questions about Marriage, Divorce and Parentage for queer spouses in North Carolina. Please note: This brief overview is not intended to provide individualized legal advice. For further knowledge, contact Haas & Associates, P.A. by phone at  or contact us.

   Marriage

   Q: If I am already married in another state, what execute I have to do to be married in North Carolina?

   Answer: Nothing. North Carolina now recognizes valid gay marriages from all other states. You do not need to remarry your spouse in North Carolina.

   If I join my partner, will he/she then be entitled to half my retirement if we get divorced?
   Answer: All income earned during a marriage in NC is marital, and there is a presumption that all marital assets will be divided equally. This means that all funds that y
   
   

   News

   At a time when the federal government is moving in a direction toward the acceptance and legal recognition of lesbian and gay 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, , the North Carolina Senate voted to put a constitutional amendment on the ballot in May seeking to further ban gay marriage in North Carolina. The House approved the initiative the day before, by a vote of If approved by voters, the amendment would become successful January 1,

   At the outset of this discussion, it is worth noting that North Carolina rule does not presently approve or recognize gay marriage. General Statute § specifically provides: “Marriages, whether created by common 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 consequence on June 1, , it has not been challenged in any North Carolina appellate court.

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