News

Shortly after Judge Osteen gave plaintiffs until Monday to respond to intervention of legislative leaders in one same-sex marriage case in Greensboro, a federal judge in the Western District struck down a same-sex marriage ban in a case brought by the United Church of Christ and has denied legislative leaders’ request for intervention. QNotes reports:

A federal judge in North Carolina’s Western District has issued an order permanently prohibiting defendants in a United Church of Christ lawsuit against North Carolina’s anti-LGBT amendment from enforcing the ban. Additionally, the judge denied Republican state leaders’ motion to intervene in the case.

U.S. District Court Judge Max O. Cogburn, Jr., issued his two orders shortly after 5 p.m.

“Defendants are PERMANENTLY ENJOINED from enforcing such laws to the extent these laws prohibit a person from marrying another person of the same gender, prohibit recognition of same-sex marriages lawfully solemnized in other States, Territories, or a District of the United States, or seek to punish in any way clergy or other officiants who solemnize the union of same-sex couples,” Cogburn wrote.

More from QNotes

From WRAL

Equality NC has information for LGBTQ couples looking to get married here: http://equalitync.org/marriage/dayone/

News

U.S. District Court Judge William Osteen Jr. has given N.C. Attorney General Roy Cooper and attorneys representing same-sex couples until 3 p.m. Monday to respond to requests by state legislative leaders to intervene.

Couples around the state had been waiting in courthouses to see if Osteen would rule North Carolina’s ban on same-sex marriages unconstitutional. A similar federal case regarding whether religious leaders’ rights to perform same-sex marriages is still pending.

 

N.C. House Speaker (and U.S. Senate candidate) Thom Tillis and state Sen. President Pro-Tem Phil Berger asked to intervene in the case and stop couples from marrying earlier today.

Tillis and Berger are hoping to intervene by arguing that their interests opposing same-sex marriages were no longer being represented by  Cooper, who announced earlier this year that his office would no longer defend North Carolina’s ban on same-sex marriages after a federal circuit court found a similar ban in Virginia was unconstitutional.

Cooper is a Democrat and Berger and Tillis are both Republicans.

In his order, Osteen indicated that he would make his decision quickly.

“The parties are advised that this court will proceed to ruling an order on the motion to intervene and a final order as soon as reasonably possible following receipt of the briefs from Plaintiffs and the State of North Carolina,” he wrote. “Movants should not anticipate a lengthy proceedings in this court in ligth of the applicability of the Bostic and these cases will not be delayed unnecessarily.”

Osteen’s order is here:

 

osteen10.10 by NC Policy Watch

News

blog-voucherAs Policy Watch just reported, today the state Supreme Court decided to bypass the Court of Appeals and take up for its own review the fight over whether or not North Carolina’s new school voucher program should continue.

In the case Hart v. North Carolina, Superior Court Judge Robert H. Hobgood found the school voucher program to be unconstitutional for several reasons–chiefly that the program uses public funds for private use and that it does not serve a public purpose.

The last stop for the case was with the Court of Appeals, which ruled in late September that the 1,878 students who have already been granted school vouchers can now use those taxpayer dollars at private schools while the Court worked toward a final decision on the program.

That ruling allowed the state to disburse more than $1 million to private schools already — $90,300 of which were sent to financially troubled Greensboro Islamic Academy, the largest recipient of voucher funds to date.

Stay tuned for more developments.

 

News

Supreme CourtThe state Supreme Court today bypassed the Court of Appeals and took five controversial cases for direct review, exercising its rarely-used discretion and raising eyebrows over the timing, with contentious partisan elections soon getting underway.

The issues raised in the cases — school vouchers, coal ash, class certification — are hot buttons, and some of the parties involved have deep-pockets — including Duke Energy and U.S. Tobacco Cooperative

The high court took those cases despite having yet to render opinions in several high-profile cases — including the redistricting case, which has been pending since argument in January, and two cases concerning the Racial Justice Act, pending since argument in April.

Here are the cases:

Hart v. North Carolina:  This is the appeal of Superior Court Judge Robert Hobgood’s August ruling that the state’s newly-enacted school voucher program was unconstitutional because it:

1) appropriates to private schools grades K-12, by use of funds which apparently have gone to the university system budget but which should be used exclusively for establishing and maintaining the uniform system of free public schools;

2) appropriates education funds in a manner that does not accomplish a public purpose;

3) appropriates educational funds outside the supervision and administration of the state board of education;

4) creates a non-uniform system of education;

5) appropriates taxpayer funds to educational institutions that have no standards, curriculum and requirements for teachers and principals to be certified;

6) fails to guard and maintain the rights of the people who privilege the education by siphoning money from the public schools in favor of private schools; and

7) allows funding of non-public schools that discriminate on account of religion.

The case had just gotten underway in the Court of Appeals before the Supreme Court’s order today.

Cape Fear River Watch v. N.C. Environmental Management Commission:  This is Duke Energy’s appeal of Superior Court Judge Paul Ridgeway’s March ruling requiring the company to immediately eliminate the source of groundwater contamination at its coal ash pits — in advance of any clean-up plans it might later adopt.  In its opening brief in the Court of Appeals, Duke Energy argues that the Coal Ash Management Act passed by the General Assembly in August overruled the lower court’s decision.

Fisher v. Flue-Cured Tobacco Cooperative Stabilization (U.S. Tobacco Cooperative): This is an appeal of the certification of a class comprised of some 800,000 past and present tobacco farmers (per U.S. Tobacco Co-op’s brief) claiming to be entitled to and seeking payment from a $340 million reserve fund held and maintained by the cooperative.

Arnesen v. Rivers Edge Golf Club: Five cases are consolidated in this appeal, in which purchasers of vacant lots in Brunswick County sued the developer, mortgage broker, appraisers, attorneys, and BBT Bank, alleging a scheme to sell the lots at artificially inflated prices through “high-pressure, misleading sales tactics, fruadulent appraisals, unscrupulous lending practice and other conduct.”  Purchasers of the lots are appealing orders from the Business Court dismissing certain claims and defendants.

Cubbage v. N.C. State University Endowment Fund: This case concerns the pending sale of the Hofmann State Forest by the N.C. State Endowment Fund, which plaintiffs say was negotiated in secret and failed to comply with the N.C. Environmental Policy Act because the fund never obtained an Environmental Impact Statement. Wake County Superior Court Judge Shannon Joseph dismissed the case last November.

Commentary

The debate over women’s rights has been front and center in the North Carolina U.S. Senate race for months now — often with a lot more heat than light on the subject. I f you’d like to get up to speed on what’s really at issue in Washington — both in our high courts and in the halls of Congress, you won’t want to miss the next N.C. Policy Watch Crucial Conversation: Breakfast with Judy Waxman, Vice President for Health and Reproductive Rights at the National Women’s Law Center

NCPW-CC-2014-10-21-reproductive-rights-judy-waxman

Judy Waxman is the Vice President of Health and Reproductive Rights at the National Women’s Law Center, where she leads the center’s team of advocates, who are at the forefront of major legal, public policy and educational initiatives to protect and advance women’s health and reproductive rights. Prior to joining the center, Ms. Waxman served as Deputy Executive Director at Families USA for over a decade.

Especially in the aftermath of the Supreme Court’s recent and now infamous ruling in the Hobby Lobby case, you won’t want to miss the opportunity to hear from one of the nation’s leading experts in this critically important and fast-evolving field.

Cosponsored by: North Carolina Women United, the North Carolina chapter of the National Organization for Women and Women AdvaNCe.

When: Tuesday, October 21, at 8:15 a.m. — Breakfast will be available at 8:00 a.m.

Where: Center for Community Leadership Training Room at the Junior League of Raleigh Building, 711 Hillsborough St. (At the corner of Hillsborough and St. Mary’s streets)

Space is limited – pre-registration required.

Cost: $5, admission includes light breakfast.

Click here to register

Questions?? Contact Rob Schofield at 919-861-2065 or rob@ncpolicywatch.com