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Commentary

Though his background is in architecture, North Carolina Lt. Gov. Dan Forest certainly does seem to fancy himself quite the constitutional law expert. Lately, he’s been tooling around the state with a far right activist who wants to rewrite the U.S. Constitution to return the country to the 18th Century by, essentially, giving the state’s the right to nullify federal laws with which they disagree.

Now, this morning, Prof. Forest has treated the visitors to his website with a cocksure lecture about how the North Carolina  Supreme Court should purport to defy the federal courts and, in effect, nullify their recent rulings on marriage equality. According to Counselor Forest, this will somehow force a “showdown” in the U.S. Supreme Court on the issue.

Maybe Forest has been talking with his buddy and fellow ideologue, Supreme Court Justice Paul Newby, but whatever the source of his latest daft and inappropriate missive, let’s hope he keeps churning them out. After all, as long as we’re talking about “showdowns” in North Carolina public policy, it will be helpful for as many as possible to know that the state’s second-highest elected official is echoing the pro-discrimination/states’ rights values of George Wallace, Lester Maddox and the other mid-20th Century bigots.

Commentary

Gay marriage 2So, if the “religious beliefs” of a public official (like, for instance, a register of deeds) cause him or her one to oppose interracial marriage or, say, marriage between heterosexuals who are incapable of procreation, should that public official have the right to decline to issue marriage licenses to such couples?

According to the ironically-named North Carolina Values Coalition, the answer to that question is, by all appearances, “yes.” How else to explain the group’s efforts late last week to “inform” public officials throughout the state that they are free to decline to issue licenses to same-sex couples if to do so would violate “their conscience”?

Happily, the good people at Equality NC are speaking up to refute this nonsensical propaganda. This is from a release the group distributed late last Friday: Read More

Commentary
Senator Richard Burr

Senator Richard Burr

In case you missed it, it’s worth noting that Senator Richard Burr uttered some eminently reasonable words yesterday when pressed for a comment on the judge who struck down North Carolina’s  unconstitutional ban on same-sex marriage, U.S. District Court Judge Max Cogburn of the state Western District. Burr, of course, voted for Cogburn’s confirmation which was unanimously approved.

You can watch the WNCN.com video by clicking here, but here is a transcript:

“We try to put the most qualified individuals on the bench. I have no questions that Max Cogburn met that qualification threshold for me. And…uh…I think it’s once again proof that you can’t…uh..envision every decision that a judge is gonna’ make and that’s why putting folks that have the right experience on the bench is absolutely crucial.”

Dan Forest

Lt. Gov. Dan Forest

In other words, those spewing absurd and incendiary comments like North Carolina’s Lieutentant Governor (who called Cogburn’s simple and rational decision applying the precedents dictated by the courts above him “the judicial fiat of one unelected man”) would do well to clam up and take a civics lesson.

Now, if Burr would just apply his own words by: a) halting his ridiculous and completely unexplained, one-man blockade of President Obama’s appointment of federal prosecutor Jennifer May-Parker to serve as the first African-American judge in the history of North Carolina’s Eastern District and b) condemning Forest for his ridiculous and inflammatory pandering, we might just get somewhere.

News
ACLU marriage equality

Image: ACLU of North Carolina

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.”

Background:

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.

News

New from the N.C. State Health Plan website’s “newsroom”:

Eligibility Update Regarding Friday’s Ruling on Same Sex Marriages

A federal court has overturned North Carolina’s law regarding same gender marriage, recognizing same sex marriages as legal in North Carolina. This ruling now makes same sex spouses of State Health Plan members eligible for State Health Plan coverage.

This ruling is considered a qualifying life event and eligible spouses will have 30 days to add their spouse. A marriage certificate will be necessary to verify the spouse is an eligible member. The effective date of coverage will be November 1, 2014.

Beyond this initial 30 days, marriage is a qualifying life event and members will have 30 days to add a spouse to their health plan coverage.

Please see your Health Benefits Representative for assistance in enrolling an eligible spouse.