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Bill filed to defy Supreme Court ruling, oppose same-sex marriage in N.C.

Three Republican lawmakers filed a bill in the N.C. House late Wednesday that would declare same-sex marriage illegal in defiance of the United States Supreme Court.

House Bill 65 – the Marriage Amendment Reaffirmation Act – would declare null and void 2015’s landmark Obergefell v. Hodges Supreme Court decision. That decision effectively legalized same-sex marriage and invalidated state constitutional amendments banning it, including North Carolina’s.

It’s worth noting Amendment One, constitutionally defining marriage as being between a man and a woman, passed in 2012 with a statewide voter turnout of a mere 35 percent.

HB 65 terms marriages not between one man and one woman “parody marriages,” despite their legality in the United States since 2015.

“On the eve of Valentine’s Day, three NC reps filed a bill to say ‘Love is not Love,'” said LGBTQ advocacy group Equality NC in a statement on the bill. “This is yet another heartless attempt to rewrite settled legislation that protects same-sex couples all across the state. Love will prevail in the face of hate.”

It remains to be seen whether leadership of the General Assembly’s GOP majority will allow a vote on the bill.

Gov. Roy Cooper is on record opposing the constitutional amendment banning same-sex marriage. With recent Democratic gains, Republicans lost the supermajority that allowed them to easily overturn Cooper’s veto.

4 Comments


  1. Norman Durocher

    February 14, 2019 at 6:05 pm

    We have a surplus, right? plenty of money to spend losing lawsuits.

  2. Steven Keirstead

    February 15, 2019 at 10:11 am

    The legal theory behind this bill is weak. It asserts that marriages of same sex couples are all done under Secular Humanist as a rite of religion, which is demonstrably untrue, and that the SCOTUS imposed an establishment clause violation on NC with Obergefell v. Hodges, which is also untrue. Personally, I have photographed a religious marriage between two men performed as an Episcopalian rite, and my husband and I were married by a Justice of the Peace in an agnostic ceremony with no religion whatsoever. This is a pathetic attempt to get the changed personnel of the SCOTUS to review Obergefell, hoping the court will overturn the decision.

  3. Susan Larson

    February 15, 2019 at 2:02 pm

    They forget that the constitution has been properly amended and that that amendment was ratified by the requisite number of states, and says that the “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

  4. John D White

    February 15, 2019 at 7:07 pm

    Curious as to why the sponsors of this bill were not named in the article.
    For the record,
    HOUSE BILL DRH40043-MM-30
    Short Title: Marriage Amendment Reaffirmation Act. (Public)
    Sponsors: Representatives Pittman, Brody, and Kidwell (Primary Sponsors)

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