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At yesterday’s NC Policy Watch Crucial Conversation luncheon on the future of marriage equality, Chris Brook, the Legal Director of the American Civil Liberties Union of North Carolina, made it pretty clear what he intends to argue in federal court when he next gets the opportunity in the organization’s challenges to North Carolina’s marriage discrimination law. Brook said he’s going to point to the Fourth Circuit Court of Appeals in Richmond (the precedents of which apply to North Carolina), show the judge that court’s decision in the recent Bostic v. Schaefer case and then just sit down.

It’s an obvious strategy — namely, that the ruling striking down Virginia’s discrimination law in Bostic is right on point and there really isn’t much that a North Carolina federal judge can do but abide by it.

This is why Attorney General Cooper made his recent announcement that he would stop wasting North Carolina taxpayers’ money by trying to defend North Carolina’s indefensible law.  It would be a futile and costly gesture — not unlike attempting to defend a law that banned interracial marriage.

Of course, as Sharon McCloskey’s story immediately below makes plain, this patently obvious logic is apparently lost on Senate President Pro Tem Phil Berger and House Speaker Thom Tillis who are, quite remarkably (if one of Berger’s members is to be believed), taking steps to impeach Cooper over his utterly reasonable, constitutional and ethically-bound decision.

By all indications, Berger and Tillis simply want Cooper to tilt at the Bostic windmill and manufacture insipid, sure-fire-loser arguments as is being tried in a few other states. Today, we got a good idea of what some of those arguments would look like when the folks at ThinkProgress published a handy list of The 10 Craziest Arguments Two States Are Using to Defeat Marriage Equality.” This is from the post: Read More

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Sanderson-CooperState Sen. Norm Sanderson (R-Pamlico) told those attending the inaugural meeting of the Morehead-Beaufort Tea Party yesterday that the top leadership in both GOP-controlled branches of the legislature are working to remove Attorney General Roy Cooper from office, according to this report in The Carteret County News-Times.

Citing Cooper’s announcement in late July that his office would no longer defend the state’s same-sex marriage ban after the Fourth Circuit found Virginia’s similar law unconstitutional, Sanderson said:

“If he’s not going to defend what we, the citizens of North Carolina, want him to defend, we need to probably impeach him because he’s been a vocal opponent of the marriage amendment ever since it was passed.”

He added that steps are in place once Senate President Phil Berger and House Speaker Thom Tillis give the green light.

“Our leadership hasn’t made the final decision but everything is on ready, set, go if that’s what we want to do.”

Of course, doing what some lawmakers and citizens of the state want him to do is not the job of the Attorney General.

Here’s Jim Tierney, former Maine Attorney General and now director of the National State Attorneys General Program at Columbia Law School:

The simple truth is that attorney general refusal to defend happens all the time.

Legislatures are comprised in most states by non-lawyers trying to do the right thing, but they do not understand the complexity of constitutional limits. They are advised, but often plunge ahead — both liberals and conservatives — and make constitutional mistakes. It then falls to the attorney general to clean this mess up.

The attorney general is supposed to uphold the constitution – that’s his job.

And you want your attorney general telling the truth. If the attorney general in his view says ‘you’ve got some real constitutional issues here,’ I would think any governor would want to know that before he signs a bill.

 

 

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Southern EqaulityIf there’s a more significant positive policy change looming on the horizon in North Carolina than the potential near-term arrival of marriage equality, it’s hard to say what that would be.

So, when might it happen? What has to happen first?

Don’t miss the chance to learn the answers to these and other similar questions at tomorrow’s very special Crucial Conversation luncheon in Raleigh:

The freedom to marry in North Carolina: Now what?

Featuring Chris Brook, Legal Director of the ACLU of North Carolina Legal Foundation; Jen Jones, Director of Communications and Outreach at Equality North Carolina; and plaintiffs in the court challenge to North Carolina’s marriage discrimination amendment.

When: Thursday, August 7, at noon — Box lunches will be available at 11:45 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)

Cost: $10, admission includes a box lunch.

Click here for more information and to register.

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

- See more at: http://www.ncpolicywatch.com/2014/07/31/crucial-conversation-the-freedom-to-marry-in-north-carolina-now-what/#sthash.VSz7C8sO.dpuf
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Is such a momentous and historic victory really on the foreseeable horizon? Don’t miss your chance to learn the answers to this and other related related questions this Thursday August 7 at a very special NC Policy Watch Crucial Conversation luncheon.

The freedom to marry in North Carolina: Now what?

Featuring Chris Brook, Legal Director of the ACLU of North Carolina Legal Foundation; Jen Jones, Director of Communications and Outreach at Equality North Carolina; and plaintiffs in the court challenge to North Carolina’s marriage discrimination amendment.

Click here to register

When: Thursday, August 7, at noon — Box lunches will be available at 11:45 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: $10, admission includes a box lunch

Click here to register

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

- See more at: http://www.ncpolicywatch.com/2014/07/31/crucial-conversation-the-freedom-to-marry-in-north-carolina-now-what/#sthash.iFD4jDX6.dpuf
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Gay marriage 3NC Policy Watch, the ACLU of North Carolina and Equality North Carolina are proud to announce a very special Crucial Conversation — The freedom to marry in North Carolina: Now what?

Click here to register

Featuring Chris Brook, Legal Director of the ACLU of North Carolina Legal Foundation; Jen Jones, Director of Communications and Outreach at Equality North Carolina; and plaintiffs in the court challenge to North Carolina’s marriage discrimination amendment. Read More