Court decisions have been coming in a fast and furious fashion in recent days — so fast that many may be left scratching their heads by Judge Osteen’s ruling yesterday on marriage equality.
If you’re one of the thousands who’s saying to him or herself this morning something like “What the heck? I though Judge Cogburn settled this last week,” the good folks at the ACLU of North Carolina issued a statement late yesterday that explains the deal:
Second Federal Judge Rules N.C. Marriage Ban Unconstitutional
GREENSBORO – U.S. District Judge William Osteen today ruled that North Carolina’s ban on marriage for same-sex couples is unconstitutional. He is the second federal judge to do so in five days. The ruling came in two lawsuits brought by the American Civil Liberties Union and ACLU of North Carolina Legal Foundation.
On Friday, U.S. District Judge Max Cogburn issued a separate ruling that struck down North Carolina’s marriage ban and added North Carolina to the list of states to extend the freedom to marry to same-sex couples. Judge Osteen, who was appointed to the federal bench by President George W. Bush, also gave North Carolina House Speaker Thom Tillis and Senate President Pro Tempore Phil Berger the ability to intervene in the case on appeal.
“Judge Osteen’s ruling is the second in five days to declare North Carolina’s ban on marriage for same-sex couples to be unconstitutional,” said Chris Brook, Legal Director for the ACLU of North Carolina. “This second ruling further emphasizes that North Carolina’s now-defunct marriage ban was discriminatory and denied same-sex couples their constitutional rights to due process and equal protection under the law. The legislature can attempt to pursue an appeal if they so choose; however, that would only unnecessarily expend taxpayer resources. North Carolinians can rest assured: the freedom to marry is here to stay.”
The ACLU filed the first legal challenge to North Carolina’s marriage ban in June 2013 when it amended a 2012 lawsuit seeking second parent adoption rights for six families headed by same-sex couples. The adoption lawsuit, Fisher-Borne, et al. v. Smith, was originally filed in June 2012, just weeks after passage of the state’s marriage ban, known as Amendment One, which the ACLU lobbied and campaigned against. In April 2014, the ACLU filed a second lawsuit, Gerber and Berlin, et al. v. Smith, challenging North Carolina’s marriage ban on behalf of three married same-sex couples, one member of which has a serious medical condition.