Law Created To ‘Protect’ Magistrates From Marrying Same-Sex Couples Now Target Of Federal Lawsuit

Three same-sex and different-sex couples have filed a federal lawsuit challenging a North Carolina law they say is unconstitutional.

Earlier this year the North Carolina legislature passed a “religious freedom” bill designed to “protect” magistrates from having to marry same-sex couples. Republican Governor Pat McCrory vetoed it, citing the U.S. Constitution. Lawmakers overrode the veto, and SB2 became law. Now, magistrates can cite a “sincerely held religious objection” to same-sex marriage and opt out of performing their duties.

Wednesday morning, three couples filed a federal lawsuit, A​nsley v. North Carolina, declaring the law is unconstitutional.

Luke Largess, lead counsel for the plaintiffs, in a statement charges that SB2 “expressly declares” that the religious beliefs of North Carolina magistrates “are superior to their oath of judicial office to uphold and support the federal constitution,” as Matt Comer first reported today. 

“And the law spends public money to advance those religious beliefs. That is a straightforward violation of the First Amendment,” Largess added. 

The lawsuit itself states SB2’s “obvious purpose and timing” was “an effort to give magistrates who oppose constitutionally-protected, equal marriage rights for gays and lesbians an exemption from their mandatory judicial oath to support and uphold the federal constitution.”

It also says the law, known officially as the Act To Allow Magistrates And Registers Of Deeds To Recuse Themselves From Performing Duties Related To Marriage Ceremonies Due To Sincerely Held Religious Objection, “authorized the expenditure of public funds to accomplish the goal of exempting magistrates from their oath of office on religious grounds.”

And it notes that, “By opting out of performing marriages, these magistrates in McDowell County and across North Carolina renounced the oath to uphold the United States Constitution, as they rejected and refused to defend, support, uphold and be bound by the Fourteenth Amendment rights of same sex couples to marry.”

 

EARLIER:

Every Magistrate In This North Carolina County Refuses To Marry Same-Sex Couples

Citing US Constitution, NC GOP Governor To Veto Anti-Gay ‘Religious Freedom’ Bill

North Carolina Passes Anti-Gay ‘Religious Freedom’ For Magistrates Bill

 

Image by Equality NC via Twitter