Gay Marriage: North Carolina Senate Votes To Put Ban Before Voters

The North Carolina Senate wasted no time in voting 30-16 to unconstitutionally give voters the ability to vote on the rights of a minority. In May of 2012, voters in a predominantly Republican primary will be asked whether or not they want to write discrimination directly into their constitution. Just yesterday, almost in a stealth operation, a committee of the North Carolina House voted to bring the me sure to the full House, which passed it — without allowing public comments — in just three hours, by a vote of 75-42. The bill was then delivered by messenger to the Senate last night, which today passed it. There is no opportunity for a veto by the Governor, as this is a constitutional ballot issue.

Senate President Pro Tempore Phil Berger (R-Rockingham) after the vote stated, “We think the people of this state – not judges, bureaucrats, or politicians – should define marriage, which I personally believe should be between one man and one woman. We look forward to eight months of healthy debate before voters decide this issue at the polls.”

Matt Comer of Q Notes reports that “final vote tally, 30-16, barely met the three-fifths majority needed for the measure to pass,” and adds,

Opening debate, primary sponsor Sen. James Forrester (R-Gaston) said he was thankful to get the opportunity to hear his bill.

“This is the eighth year I put in this bill,” Forrester said. “The bill never had a hearing. I’m very happy to have this bill before us at the time.”

Forrester said the amendment was intended to defend the “an institution in our society based upon the complementary male and female loin.”

“Moms and dads are not interchangeable,” Forrester continued. “Two dads don’t make a mom. Two moms don’t make a dad. Children need both a father and a mother.”

Republican Sen. Dan Soucek also stood to defend the bill. He said marriage was under attack and said the bill would help prevent the “breakdown of the family.”

Democrat Ellie Kinnaird, who represents Orange County, refuted Soucek. “Gays aren’t the ones causing damage to marriage,” she said.

Sen. Josh Stein (D-Wake) said this week’s special session was unnecessary.

“Why are we here? Rome is burning. We are on the edge of a double-dip recession,” he said. “Yet, we’ve been called back to this special session to the cost of $50,000 a day not to improve our economy, not even to alleviate the suffering of those down east. No, we are here because some of you want to graft onto our constitution controversial and discriminatory legislation.”

 

“This nasty attack amendment is a tremendous blow to loving, committed same-sex couples across North Carolina who want to make a lifetime commitment to the person they love and to protect their families,” wrote Marc Solomon, National Campaign Director of Freedom to Marry, on the vote. “To try to preempt the conversations taking place across North Carolina about same-sex couples and why marriage matters by cementing discrimination into the constitution is unfair and wrong.  And politically scheming to put such a cruel and discriminatory measure on a low-turnout Republican presidential primary ballot is a sham designed to circumvent the majority of North Carolina voters, who polls say, oppose this amendment and the injury it will inflict not just on families, but the state.”

HRC and Equality North Carolina issued this joint statement:

The bill, as passed, moves the ballot date for the amendment from November 2012 to May 2012. It also retains problematic language defining opposite-sex marriage as the state’s “only domestic legal union,” but adds,  ”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.” This unclear language may have the effect of prohibiting the state from providing civil unions or domestic partnerships to any couples.  A poll conducted by Elon in 2011 shows 57 percent of North Carolinians support marriage, civil unions, or domestic partnerships in North Carolina. Only 35 percent oppose any legal recognition for gay and lesbian couples.

 

“This legislative battle may be lost, but the fight goes on,” said Equality North Carolina Interim Executive Director Alex Miller.  “While the proponents of this harmful, divisive, shameful legislation may have succeeded in throwing up a temporary barrier against the inevitable tide of acceptance and equality, our struggle continues and the campaign to defeat this amendment at the ballot box begins today.”

 

“At a time when all North Carolina families are worrying about job losses and cuts in education, it is unconscionable that the legislature add additional stress to a segment of those families,” said Human Rights Campaign President Joe Solmonese.  “Neighbors are no longer willing to be pitted against one another over these issues. When ballots are cast in May 2012, we are confident North Carolinians will not be persuaded to limit the rights of their friends and family to such a degree. ”