Court taking a deliberate path to same-sex marriage in North Carolina

The judge in two of the same-sex marriage cases pending in North Carolina  issued an order this afternoon requiring the parties to file reports within 10 days, detailing how the court should proceed in light of the U.S. Supreme Court’s refusal to review a Fourth Circuit decision rejecting Virginia’s same-sex marriage ban as unconstitutional.

Saying that it appeared that the couples challenging the state’s marriage ban were entitled to a preliminary injunction blocking the enforcement of that ban, U.S. District Judge William  L. Osteen Jr. asked the parties in Fisher-Borne v. Smith and Gerber v. Cooper to provide him with additional information needed to bring the cases to a close:

In light of the foregoing, this court orders that the parties file a status report, without argument, detailing the following matters: (1) whether the parties agree with this court’s suggestion as to the effect of [the Fourth Circuit decision] on this case as set out herein; (2) whether any discovery is required as to either of these cases prior to proceeding to summary judgment; (3) what issues remain for resolution by this court in each of these cases with respect to the challenged adoption laws; and (4) what the parties suggest in terms of additional briefing on any remaining issues.

Two other same-sex marriage cases are pending in federal court here:

General Synod of the United Church of Christ v. Cooper, filed in federal court in Charlotte on behalf of same-sex couples and four national religious denominations – the United Church of Christ, the Alliance of Baptists, the Association of Welcoming and Affirming Baptists and the Central Conference of American Rabbis – in addition to Episcopalian, Jewish and Baptist clergy from across North Carolina. The same-sex couples are seeking the freedom to marry and the clergy are seeking the religious freedom to perform wedding ceremonies for such couples.

McCrory v. Cooper, filed in March in federal court in Asheville by two women who’ve been together for more than 25 years and were legally married in New York in 2013.

No court action has occurred in those cases yet following today’s Supreme Court rulings.

Tomorrow morning, representatives from the American Civil Liberties Union of North Carolina, Equality North Carolina, and plaintiffs challenging North Carolina’s marriage ban will speak at a press conference in Raleigh about what the U.S. Supreme Court decision means for same-sex couples seeking the freedom to marry in North Carolina.

The press conference will be held at 10 a.m. at the LGBT Center of Raleigh, 324 S Harrington St, Raleigh, NC 27603

 

 

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