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Doesn’t it seem that the nation’s progress and momentum in implementing the Affordable Care Act (and, in particular, Medicaid expansion) is starting to resemble the slow but steady (and inevitable) progress on marriage equality?

Talking Points Memo has the story today of the latest conservative state to be talking openly of a plan to expand Medicaid — it’s our neighbor to the west Tennessee:

In a growing trend, Tennessee looks like it will be the next Republican-led state to move toward expanding Medicaid under Obamacare.

Right now, of course, North Carolina is in the “no” camp on both issues. The bet here, however, is that this won’t be the case come the 2016 election.

Click here and here to see two maps that reveal the trends.

News
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Gay rights advocates rally at a recent Moral Monday demonstration.

Equality NC, same-sex couples and families delivered over 10,600 petitions to the Raleigh and regional offices of Governor Pat McCrory this morning, urging him to stop defending the state’s same-sex marriage ban.

“We are proud to deliver this important message alongside families from all across the state who are demanding Gov. McCrory not waste one taxpayer dollar defending what is now an unconstitutional and indefensible law,” said Chris Sgro, Equality NC’s executive director. “In doing so, we join them in asking that our elected officials not only stand with their constituents, but also help North Carolina stand on the right side of history.”

Last month, North Carolina Attorney General Roy Cooper announced his office would no longer defend state laws banning same-sex marriage, after the Fourth Circuit Court of Appeals rejected Virginia’s same-sex marriage ban in Bostic v. Schaeffer.

As the News & Observer points out in Wednesday’s paper, the petition drive by the advocacy organization may press McCrory to discuss his own position on same-sex marriage:

McCrory had asked Cooper to request a stay of North Carolina’s case pending a higher appeal of the Virginia lawsuit, which is now on hold.

But his stance leaves unanswered questions, Equality NC suggests: Does McCrory still personally support the amendment after the Virginia ruling? And will he seek a special outside counsel to uphold the state’s ban now that Cooper won’t defend it?

The questions may hold implications for the 2016 governor’s race when Cooper is expected to challenge McCrory.

McCrory supported North Carolina’s constitutional ban on gay marriage when it was placed on the ballot in May of 2012.

Since then, polls have shown a growing acceptance of this issue with a majority of voters (nationwide and in North Carolina) supporting either marriage or civil unions for same-sex couple.

For more on where things stand in the courts on same-sex marriage, read this piece by Policy Watch’s Courts and Law reporter Sharon McCloskey.

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Lennie Gerber and Pearl Berlin — Photo credit: ACLU of North Carolina

Michael Biesecker of AP has a wonderfully heartwarming story this morning that’s available in several news outlets about one of the couples leading the legal fight for marriage equality in North Carolina. Pearl Berlin and Lennie Gerber have been together for 48 years and the notion that they might taste victory in the near future as Pearl battles health problems is a very cheering notion.

(As an aside, it should also be pointed out that, in addition to being a plaintiff in the legal challenge to North Carolina’s marriage discrimination amendment, Gerber (on the left) was once one of North Carolina’s finest consumer rights attorneys — she managed the Winston-Salem legal aid office for years and helped save countless people of modest income from various financial predators.)

All that said, it should also be noted that when marriage equality does come, the fight for justice will be far from over. As a our panelists eloquently explained at last week’s Crucial Conversation luncheon on the subject (watch the video here), LGBT North Carolinians can still be summarily fired by their employers because of who they are.  In other words, if same sex couples get the chance to be married in the near future, many will still have to remain in the closet for fear that placing their wedding photo on their desk at work will still get them fired.

And rest assured, even if the courts soon order marriage equality, Paul Stam and the other theocrats in the General Assembly will be doing their utmost to prevent passage of a law banning discrimination in the workplace and/or public accommodations. In other words, there’s a heck of a lot of work still to do.

 

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marriage amendmentThe Fourth Circuit today denied a request by parties defending Virginia’s same-sex marriage ban to stay the court’s ruling in Bostic v. Schaefer pending a petition for review by the U.S. Supreme Court.

On July 28 the court held that the Virginia law was unconstitutional and entered judgement on that date. The ruling is scheduled to go into effect on August 18, 2014.

Michèle B. McQuigg, the  Prince William County Clerk of Circuit Court and a defendant in Bostic, told the court that she intends to file a petition with the U.S. Supreme Court by October 26, 2014, and asked that implementation of the ruling be stayed in the meantime, citing the potential of confusion and inconsistent results:

The absence of a stay will likely produce legal uncertainty and confusion. The Utah marriage case serves as a useful example. In Utah, after the district court struck down the state’s marriage laws, the district court and the Tenth Circuit declined to issue a stay.  As a result, many same-sex couples in Utah obtained marriage licenses pursuant to the district court’s injunction. Days later, however, the Supreme Court stayed the injunction, and Utah’s man-woman marriage laws went back into effect. Thus, the State of Utah now declines to recognize the licenses that were issued to same-sex couples during that interim period.

Same-sex couples who obtained licenses during that period filed a lawsuit in federal court to require the State to recognize those licenses as valid. The district court held that the interim licenses must be recognized, but the Supreme Court again stayed that decision pending appellate resolution. Thus, the validity of those licenses is still in limbo.

For more on the Fourth Circuit’s ruling in Bostic, read here.

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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