a history on Senate bill 272

Welcome to North Carolina, currently the only Southern state that does NOT have a constitutional ban on Gay marriage. All that may change coming up with the May 8th 2012 ballot initiative.

     The North Carolina Constitution currently does not recognize a difference between any one person. Article one states ...

"Section 1.  The equality and rights of persons.

We hold it to be[u] self-evident that [b]all persons are created equal[/b][/u]l; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness."

     There are other issues as well that will go along with the push for constitutional discrimination.  According to Professor Lavelle, the wording of the current senate bill 272 will abolish the domestic partner registry and eliminate same sex partner benefits that are currently available in seven municipalities in North Carolina, these include: the counties of Durham and Orange, the cities of Durham, Greensboro, Chapel Hill and Carrboro. If senate bill 272 passes, it will become illegal for these municipalities and counties to continue to offer these benefits.  But that's not all.  This will also have a serious impact on non-married heterosexual couples as well, and forbid them from entering into any public contracts that deal with partnership. Currently, the laws of North Carolina, when dealing with domestic violence, are set to protect both heterosexual and homosexual couples regardless of marriage, if this law takes effect, the effectiveness of these laws will be in question. The law itself had issues at the house level, where it did not allow for private companies to offer domestic partner benefits to their workers, and actually would have made it illegal for them to do so. In the senate bill, those words were changed so that it would not have an effect of private companies; however there are questions concerning the placement of the entire article on the ballot, or not placing the part that says it is not valid for private contracts.

     Besides the obvious issues raised by constitutionally adding discrimination, there are questions to be raised about property, parental rights and economical problems. If the law passes, since currently, North Carolina does not allow second parent adoptions (meaning that same sex couples cannot adopt a child of their partners) and contracts that are derived from the state for legal guardianship will then be null and void. If people make wills, again, a state supported contract, those wills will be null and void and property and faineances will be turned back to the state law which will then send them to the next of kin, not your partner of how ever many years. This constitutional change will have devastating effects on family law according to Ms. Sharron Thompson.

     In a televised debate between Wake County Rep. Paul Stam and Cumberland County Rep. Rick Glazier, Mr. Stam made comparisons between consensual adult gay marriage and the marriage of two three year olds or three-some marriages. Mr. Glazier said that, other than health related reasons the state should not be involved in consensual marriage between two consenting adults.

     North Carolina already has laws in effect making it illegal for two people of the same sex to marry, however, again, North Carolina is the only southern state that have avoided placing this ban in constitutional form. Honestly, there are many who feel that the constitution of North Carolina already grants the rights for Same-Sex couple marriage, the questions now are how far up the court ladders will this go.

     According to Senator Martin Nesbitt, Minority Leader, and this tactic is just being used to tread on minorities and "toss them in the bottom of the barrel" so to distract people from the real and current issues facing the state of North Carolina. He said this bill is bad for business, and many businesses have contacted him to state their disapprovement of Senate bill 272. Rep. Jean Farma-Butterfield said that it's just discrimination being placed into the constitution and that laws should never be used to repress people. Senator Doug Berger, on the open senate floor, when senate bill 272 came up for a vote compared the bill the Jewish Holocaust, linking the separating and discrimination against one group of people is no different than another, and, again Re. Marcus Brandon said the bill is just bad for business, and many businesses that are currently open to the idea of same sex benefits may move their business to other locations taking even more employment, that is so desperately needed, out of North Carolina.

    The bill passed both the house and senate (September 12, 2011) and is now headed for the primary ballot on May 8, 2012. If you currently are not registered, it is urged that you do register so that you can participate in the May 8th primary and vote to add this issue to the ballot or not.  Either way that you feel, you must look past the emotions, past the religious dogma and see that the state currently has a law on the books protecting marriage...do we need to constitutionalize discrimination now?