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 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.”

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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.