NC AG Refusing To Defend NC Marriage Amendment

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NC AG Refusing To Defend NC Marriage Amendment

By A.P. Dil­lon

North Carolina’s Attor­ney Gen­eral, Roy Cooper, is tak­ing a page out of the Obama administration’s book in defend­ing the state’s Con­sti­tu­tion. Cooper has made a state­ment that he will no longer be defend­ing North Carolina’s Con­sti­tu­tional Amend­ment 1 on marriage.

The Amend­ment 1 bal­lot mea­sure was born from 3 bills, but SB 514 came out of the fray and went for­ward. Amend­ment 1 was passed by over 61% of the vote on the 2012 bal­lot. Cooper com­mented he made this deci­sion after a deci­sion by the 4th Cir­cuit that a sim­i­lar law in Vir­ginia vio­lates the 14th amend­ment. I guess the 10th amend­ment didn’t carry as much weight. The 4th Cir­cuit also cov­ers North Carolina.

RICH­MOND — A fed­eral appeals court panel today struck down Virginia’s ban on same-​sex marriage.

In a 21 deci­sion, the 4th U.S. Cir­cuit Court of Appeals judges upheld U.S. Judge Arenda L. Wright Allen’s rul­ing in Feb­ru­ary that the 2006 amend­ment to the state Con­sti­tu­tion defin­ing mar­riage as between a man and a woman vio­lates the equal pro­tec­tion clause under the 14th Amend­ment of the U.S. Con­sti­tu­tion.
- Win­ston Salem Journal

Cooper may be right, it may be in inevitabil­ity that North Carolina’s Con­sti­tu­tional amend­ment may be over­turned, how­ever that doesn’t excuse him from doing his job.

This is not the first time Roy Cooper has failed to defend North Car­olina. The Gov­er­nor had to hire an inde­pen­dent coun­sel on Voter ID. It’s impor­tant to note here that North Carolina’s Attor­ney Gen­eral Cooper isn’t really inter­ested in doing his job. He’s more inter­ested in doing Gov­er­nor Pat McCrory’s job.

Thirty one states have sim­i­lar bans with only three over­turned to date includ­ing Virginia’s. Utah looks to be let­ting their Supreme court decide. A dis­trict court Judge in Louisiana is tak­ing mat­ters into his own hands not only on same-​sex mar­riage in the state but whether or not Louisiana will rec­og­nize such mar­riages from other states. The same type of maneu­ver­ing is going on in Florida where 62% of vot­ers approved that mar­riage was between one man and one woman.

The ques­tion becomes if it is not the deci­sion of the states and vot­ers in those states to deter­mine their def­i­n­i­tion of mar­riage, then whose is it?

The North Car­olina Con­sti­tu­tion under sec­tion 6 reads as follows:

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.
North Car­olina Gen­eral Assem­bly, State Constitution

It’s worth not­ing that even before Amend­ment 1 was put into the North Car­olina state Con­sti­tu­tion, same-​sex mar­riage was not rec­og­nized. Nei­ther was Com­mon Law mar­riage. They’re still not by statute in North Car­olina. The North Car­olina Statute §511.2 (which still exists) states that “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.”

If you enjoyed this arti­cle, you should really check out other pieces writ­ten by Da Tech Guy’s Mag­nif­i­cent Seven writ­ers and maybe hit that tip jar!

AP DillonA.P. Dil­lon (Lady Lib­erty 1885), is a Con­ser­v­a­tive minded wife and mother liv­ing in the Tri­an­gle area of North Car­olina. A.P. Dil­lon founded the blog LadyLib​er​ty1885​.com in 2009. After the 2012 elec­tion, she added an Instapun­dit style blog called The Con­Mom Blog. Mrs. Dillon’s writ­ing, in addi­tion to Da Tech Guy’s Mag­nif­i­cent 7, can also be found at Stop​Com​mon​CoreNC​.org, Watch­dog­WireNC and Wiz­Bang. A.P. Dil­lon was also a pan­elist for Glenn Beck’s We Will Not Con­form. Non-​political writ­ing projects include sci­ence fic­tion novel­las that are, as of yet, unpub­lished. Her cur­rent writ­ing project is a children’s book series.

By A.P. Dillon

North Carolina’s Attorney General, Roy Cooper, is taking a page out of the Obama administration’s book in defending the state’s Constitution. Cooper has made a statement that he will no longer be defending North Carolina’s Constitutional Amendment 1 on marriage.

The Amendment 1 ballot measure was born from 3 bills, but  SB 514  came out of the fray and went forward. Amendment 1 was passed by over 61% of the vote on the 2012 ballot. Cooper commented he made this decision after a decision by the 4th Circuit that a similar law in Virginia violates the 14th amendment. I guess the 10th amendment didn’t carry as much weight. The 4th Circuit also covers North Carolina.

RICHMOND — A federal appeals court panel today struck down Virginia’s ban on same-sex marriage.

In a 2-1 decision, the 4th U.S. Circuit Court of Appeals judges upheld U.S. Judge Arenda L. Wright Allen’s ruling in February that the 2006 amendment to the state Constitution defining marriage as between a man and a woman violates the equal protection clause under the 14th Amendment of the U.S. Constitution.
– Winston Salem Journal

Cooper may be right, it may be in inevitability that North Carolina’s Constitutional amendment may be overturned, however that doesn’t excuse him from doing his job.

This is not the first time Roy Cooper has failed to defend North Carolina. The Governor had to hire an independent counsel on Voter ID. It’s important to note here that North Carolina’s Attorney General Cooper isn’t really interested in doing his job. He’s more interested in doing Governor Pat McCrory’s job.

Thirty one states have similar bans with only three overturned to date including Virginia’s.  Utah looks to be letting their Supreme court decide. A district court Judge in Louisiana is taking matters into his own hands not only on same-sex marriage in the state but whether or not Louisiana will recognize such marriages from other states. The same type of maneuvering is going on in Florida where 62% of voters approved that marriage was between one man and one woman.

The question becomes if it is not the decision of the states and voters in those states to determine their definition of marriage, then whose is it?

The North Carolina Constitution under section 6 reads as follows:

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.
– North Carolina General Assembly, State Constitution

It’s worth noting that even before Amendment 1 was put into the North Carolina state Constitution, same-sex marriage was not recognized. Neither was Common Law marriage. They’re still not by statute in North Carolina. The North Carolina Statute §51‑1.2  (which still exists) states that “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.”

If you enjoyed this article, you should really check out other pieces written by Da Tech Guy’s Magnificent Seven writers and maybe hit that tip jar!

AP DillonA.P. Dillon (Lady Liberty 1885), is a Conservative minded wife and mother living in the Triangle area of North Carolina. A.P. Dillon founded the blog LadyLiberty1885.com in 2009. After the 2012 election, she added an Instapundit style blog called The ConMom Blog. Mrs. Dillon’s writing, in addition to Da Tech Guy’s Magnificent 7, can also be found at StopCommonCoreNC.org, WatchdogWireNC and WizBang.  A.P. Dillon was also a panelist for Glenn Beck’s We Will Not Conform. Non-political writing projects include science fiction novellas that are, as of yet, unpublished. Her current writing project is a children’s book series.