Commentary

ACLU of NC responds to Supreme Court action on marriage cases

Mike Meno of the ACLU of North Carolina issued the following statement in response to the announcement this morning by the U.S. Supreme Court that would not take up the appeals of various circuit court decisions upholding marriage equality:

U.S. Supreme Court today announced it would not review appeals court rulings in seven states, including one from Virginia by the Fourth Circuit Court of Appeals, striking down state bans on marriage for same-sex couples. The decision means that all of those rulings stand, and the states in their jurisdiction must comply with the law and recognize the freedom to marry for same-sex couples.

North Carolina is one of five states in the Fourth Circuit. The Supreme Court’s announcement means that all states in the Fourth Circuit, including North Carolina, are bound by the Fourth Circuit’s ruling that struck down Virginia’s ban on marriage for same-sex couples.

“The Supreme Court’s decision means that the freedom to marry for same-sex couples must be recognized here in North Carolina without delay,” said Chris Brook, legal director of the American Civil Liberties Union (ACLU) of North Carolina. “We are asking the district court here in North Carolina to immediately issue a ruling striking down North Carolina’s unconstitutional and discriminatory ban on marriage for same-sex couples. Every day that gay and lesbian couples in North Carolina are denied the ability to marry the person they love places their families and children in legal and financial jeopardy. The time has come to end this unfair treatment once and for all and to let our American values of freedom and equality apply to all couples.”

The ACLU and ACLU of North Carolina Legal Foundation have filed two federal lawsuits challenging North Carolina’s ban on marriage for same-sex couples, both in the U.S. District Court for the Middle District of North Carolina in Greensboro. The first, Fisher-Borne, et al., v. Smith, was filed in July 2013 as an amended complaint to a 2012 lawsuit challenging North Carolina’s ban on second parent adoptions on behalf of six families across the state headed by same-sex couples. On April 9, 2014, the ACLU filed a second federal lawsuit, Gerber and Berlin, et al., v. Cooper, on behalf of three married, same-sex couples seeking state recognition of their marriages. Because of the serious medical condition of one member of each couple, the Gerber plaintiffs are asking the court to take swift action.

The ACLU has asked the judge in those cases to quickly overturn North Carolina’s marriage ban in light of a July ruling from the U.S. Court of Appeals for the Fourth Circuit that found Virginia’s similar marriage ban unconstitutional.

To date, the ACLU has legal challenges to marriage bans pending in 13 states.

Check Also

Vigils scheduled for this evening in Raleigh, Charlotte and Chapel Hill to commemorate 5th anniversary of Sandy Hook

As was highlighted in yesterday’s Policy Watch radio ...

Top Stories from NCPW

  • News
  • Commentary

Veteran North Carolina education policy expert Kris Nordstrom has authored a new and vitally importa [...]

When Joni Robbins, a section chief in the N.C. Department of Public Instruction, closes bidding next [...]

Congress has just a few days left this month to enact legislation that would address the immigration [...]

12.2 million - the number of people nationally who signed up for health care coverage using HealthCa [...]

“All speech is free, but some speech is more free than others.” This seems to be the motto of the cu [...]

Trumpists prepare to raze another vital common good law It’s hard to keep up these days with the flo [...]

The post That’s how ‘Humbug’ is done appeared first on NC Policy Watch. [...]

The solid citizens of Johnston County, N.C. – in a fateful quirk of geography – for several years ha [...]

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more