North Carolina Considering Amendment That Would Roll Back rights of Both Gay and Straight Couples

[marmar]

North Carolina Considering Amendment That Would Roll Back the Rights of Both Gay and Straight Couples


On May 8, 2012, North Carolina voters will consider Amendment 1, a ballot proposition that would inscribe a ban on same-sex marriage in the North Carolina Constitution. The amendment asserts that marriage "between one man and one woman is the only domestic legal union that shall be valid or recognized in this State."

North Carolina law already bans marriage equality but, absent a constitutional amendment, existing law would be subject to state court challenge. However, opponents of the North Carolina measure note that the broad language of the amendment could result in the denial of a wide range of rights and protections to non-married couples—gay and straight—on the grounds that those relationships aren't legally recognized.

Supporters of the ban, including Vote for Marriage NC, insist that such dire warnings are unfounded. However, they have failed to provide serious legal analysis of the potential implications of the proposed amendment. By contrast, a group of law professors at UNC-Chapel Hill has offered a detailed assessment of the possible effects on existing rights and protections, as well as for potential future legislation.

Some of their analysis is necessarily speculative, since it's impossible to know how courts will rule on issues until they actually do. However, the record in other states that have passed similar marriage bans is sobering. For example, after Ohio amended its constitution to ban same-sex marriages, courts in that state spent nearly three years adjudicating claims about whether domestic violence protections applied to non-married relationships. ..............(more)

The complete piece is at: http://www.alternet.org/newsandviews/article/777764/north_carolina_considering_amendment_that_would_roll_back_the_rights_of_both_gay_and_straight_couples/

[appal_jack]

1. A terrible proposed amendment. k&r, n/t

[Uncle Joe]

2. Kicked and recommended.

Thanks for the thread, marmar.

[Louisiana1976]

3. K&R

[mmonk]

4. An anti Amendment One video I post in Multimedia here.

http://www.democraticunderground.com/101711190