Archives

Uncategorized

As detailed in this morning’s Wall Street Journal, state courts have begun embracing the U.S. Supreme Court’s decision in U.S. v. Windsor, striking down part of a federal law that defined marriage as a union between a man and a woman, and even building on that ruling in challenges over state laws concerning same-sex marriage and other issues affecting gays and lesbians.

“It’s a pattern that’s emerging—and it’s striking,” said David Cruz, a law professor at the University of Southern California and an expert on civil-rights law. Rather than finding ways around Windsor, he said, “judges are embracing its principles.

***

The effect of Windsor could grow significantly in months to come, say legal experts. More than a dozen challenges to same-sex-marriage laws are pending, nine of which were filed post-Windsor, according to Jon Davidson, the legal director at Lambda Legal, which advocates on behalf of same-sex couples seeking the right to marry.

That includes a challenge in North Carolina which began as a lawsuit concerning the state’s adoption laws as applied to gay couples but has since expanded, with the consent of Attorney General Roy Cooper, to include a challenge to the state’s ban on same-sex marriage.

Uncategorized

In a statement released this morning,  the American Civil Liberties Union (ACLU) and the ACLU of North Carolina Legal Foundation (ACLU-NCLF) announced that they would challenge the state’s ban on same sex marriage by amending a federal lawsuit pending here concerning a ban on second parent adoptions.

The move comes on the same day as similar challenges were announced in Pennsylvania and Virginia and just weeks after the U.S. Supreme Court decision in  United States v. Windsor, in which the court found that the federal Defense of Marriage Act defining marriage as between one man and one woman was unconstitutional.

As stated in the announcement :

The ACLU is asking North Carolina Attorney General Roy Cooper to agree to allow an additional claim challenging the state’s ban on marriage for same-sex couples to be added to Fisher-Borne v. Smith, a lawsuit filed last year in Greensboro in the U.S. District Court for the Middle District of North Carolina that challenges the state’s ban on second parent adoption, a process by which one partner in an unmarried gay or straight couple adopts the other partner’s biological or adoptive child. If the Attorney General’s office does not agree to the addition of the new claim, the ACLU will petition the court to allow the claim to be added.

Uncategorized

From the good folks at the ACLU of North Carolina:

FOR IMMEDIATE RELEASE

June 26, 2013 

ACLU Wins Landmark Victory for Marriage Equality; Supreme Court Rules DOMA Unconstitutional
ACLU-NC Says Ruling “Makes Us More Determined Than Ever to Secure Equal Rights for LGBT North Carolinians”

RALEIGH – Today, the United States Supreme Court ruled that the federal Defense of Marriage Act, which defined marriage as between a man and a woman, is unconstitutional. This ruling will allow legally married same-sex couples to receive more than 1,000 federal benefits.

Edith Windsor, the plaintiff in United States v. Windsor, was represented by the American Civil Liberties Union (ACLU) and New York Civil Liberties Union, among others.

 The ACLU of North Carolina (ACLU-NC) released the following statement: Read More