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North Carolina doesn't offer protections for same-sex domestic violence victims North Carolina: no protections for same-sex domestic violence victims
(about 2 hours later)
When Sherry Honeycutt Everett was a litigator in North Carolina, she watched her clients’ faces change as she told them that the laws would protect them less because of their sexual orientation.When Sherry Honeycutt Everett was a litigator in North Carolina, she watched her clients’ faces change as she told them that the laws would protect them less because of their sexual orientation.
She was speaking to domestic violence victims, but because they were in same-sex dating relationships, they were not entitled to the protective orders they felt they needed to stay safe. That’s because when it comes to dating relationships, Chapter 50B – North Carolina’s statute regarding domestic violence – only applies to people whose abusers are “persons of the opposite sex”.She was speaking to domestic violence victims, but because they were in same-sex dating relationships, they were not entitled to the protective orders they felt they needed to stay safe. That’s because when it comes to dating relationships, Chapter 50B – North Carolina’s statute regarding domestic violence – only applies to people whose abusers are “persons of the opposite sex”.
“Time and time again, it was completely heartbreaking to have the conversation with a person sitting right in front of me and saying, ‘The laws of North Carolina do not include you’,” Honeycutt Everett said.“Time and time again, it was completely heartbreaking to have the conversation with a person sitting right in front of me and saying, ‘The laws of North Carolina do not include you’,” Honeycutt Everett said.
North Carolina is the last state in the union to take a domestic violence victim’s sexual orientation into account when considering whether he or she can access a protective order. During what advocates called a “sea of change” in the last decade, other states whose laws differentiated between LGBTQ domestic violence victims and others have addressed those differences either in court or through legislation.North Carolina is the last state in the union to take a domestic violence victim’s sexual orientation into account when considering whether he or she can access a protective order. During what advocates called a “sea of change” in the last decade, other states whose laws differentiated between LGBTQ domestic violence victims and others have addressed those differences either in court or through legislation.
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As the current legal and policy director for the North Carolina Coalition Against Domestic Violence (NCCADV), Honeycutt Everett reached out to agencies around the state late least year to inform the coalition’s legislative agenda for 2019. When advocates responded, the most frequently identified issue they listed was the exclusionary language in Chapter 50B.As the current legal and policy director for the North Carolina Coalition Against Domestic Violence (NCCADV), Honeycutt Everett reached out to agencies around the state late least year to inform the coalition’s legislative agenda for 2019. When advocates responded, the most frequently identified issue they listed was the exclusionary language in Chapter 50B.
In 2017, the supreme court of South Carolina ruled that people in same-sex relationships should be able to access the same protections as everyone else. Also that year, the Louisiana legislature voted to extend domestic violence protections to LGBTQ people.In 2017, the supreme court of South Carolina ruled that people in same-sex relationships should be able to access the same protections as everyone else. Also that year, the Louisiana legislature voted to extend domestic violence protections to LGBTQ people.
“I think that the fact that a number of states have addressed this problem in their state law is a strong indication that there is broad and growing recognition that gay people deserve protection under the law, just as straight people do,” said North Carolina attorney general Josh Stein.“I think that the fact that a number of states have addressed this problem in their state law is a strong indication that there is broad and growing recognition that gay people deserve protection under the law, just as straight people do,” said North Carolina attorney general Josh Stein.
Stein considers his state’s domestic violence statute to be unconstitutional and says it’s time to fix it. When he was a state senator and introduced legislation to remedy Chapter 50B’s language, he said, the bill was never heard in committee or advanced to the floor.Stein considers his state’s domestic violence statute to be unconstitutional and says it’s time to fix it. When he was a state senator and introduced legislation to remedy Chapter 50B’s language, he said, the bill was never heard in committee or advanced to the floor.
“The silence was meaningful,” he said.“The silence was meaningful,” he said.
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For years, North Carolina’s general assembly has supported policies that advocates say discriminate against members of the LGBTQ community. Highlights include a law requiring transgender people to use bathrooms in federal buildings that did not align with their gender identities and a bill that was introduced in 2017 to once again outlaw same-sex marriage.For years, North Carolina’s general assembly has supported policies that advocates say discriminate against members of the LGBTQ community. Highlights include a law requiring transgender people to use bathrooms in federal buildings that did not align with their gender identities and a bill that was introduced in 2017 to once again outlaw same-sex marriage.
“In North Carolina, it’s not particularly a secret that state lawmakers have not valued the safety of the LGBTQ community,” said Ames Simmons, a policy director at LGBTQ rights group Equality North Carolina.“In North Carolina, it’s not particularly a secret that state lawmakers have not valued the safety of the LGBTQ community,” said Ames Simmons, a policy director at LGBTQ rights group Equality North Carolina.
Amily McCool, the former legal and policy director at NCCADV, said the coalition was never able to have a conversation with legislators about amending Chapter 50B to include same-sex dating couples, even though the issue was on her legislative agenda for years.Amily McCool, the former legal and policy director at NCCADV, said the coalition was never able to have a conversation with legislators about amending Chapter 50B to include same-sex dating couples, even though the issue was on her legislative agenda for years.
When McCool was at NCCADV, she told local advocates to let her know if they identified a domestic violence survivor in a same-sex dating relationship who wanted to appeal their case for a protective order. A week after she went into private practice, she met a client whom she refers to as ME, for the client’s protection.When McCool was at NCCADV, she told local advocates to let her know if they identified a domestic violence survivor in a same-sex dating relationship who wanted to appeal their case for a protective order. A week after she went into private practice, she met a client whom she refers to as ME, for the client’s protection.
ME was in a dating relationship with another woman, TJ, and when ME ended it, TJ became “physically aggressive” and threatened violence, according to the American Civil Liberties Union. TJ had access to firearms and would show up at ME’s home or homes of friends.ME was in a dating relationship with another woman, TJ, and when ME ended it, TJ became “physically aggressive” and threatened violence, according to the American Civil Liberties Union. TJ had access to firearms and would show up at ME’s home or homes of friends.
Usually, someone in ME’s situation would have the opportunity to demonstrate a pattern of aggressive behavior on the part of her ex and thus obtain a protective order. But because ME’s antagonist was a woman, she was not afforded that protection.Usually, someone in ME’s situation would have the opportunity to demonstrate a pattern of aggressive behavior on the part of her ex and thus obtain a protective order. But because ME’s antagonist was a woman, she was not afforded that protection.
“For same-sex dating couples, they don’t have that option,” said Honeycutt Everett. “They have to wait until the criminal behavior has happened.”“For same-sex dating couples, they don’t have that option,” said Honeycutt Everett. “They have to wait until the criminal behavior has happened.”
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ME still filed a motion to pursue a protective order in Wake county on the grounds that Chapter 50B’s exclusion of same-sex dating relationships was unconstitutional. The order denying her motion acknowledges that “had the parties been of opposite genders”, the facts of ME’s case “would have supported the entry of a domestic violence protective order”.ME still filed a motion to pursue a protective order in Wake county on the grounds that Chapter 50B’s exclusion of same-sex dating relationships was unconstitutional. The order denying her motion acknowledges that “had the parties been of opposite genders”, the facts of ME’s case “would have supported the entry of a domestic violence protective order”.
Instead, ME was granted a civil no-contact order that offers her far fewer protections. TJ can still access or purchase firearms, and if she violates the order, ME has to return to court to enforce it.Instead, ME was granted a civil no-contact order that offers her far fewer protections. TJ can still access or purchase firearms, and if she violates the order, ME has to return to court to enforce it.
“There’s still very many ways in which our state unfortunately treats LGBT North Carolinians as second-class citizens,” said Christopher Brook, legal director at the American Civil Liberties Union of North Carolina.“There’s still very many ways in which our state unfortunately treats LGBT North Carolinians as second-class citizens,” said Christopher Brook, legal director at the American Civil Liberties Union of North Carolina.
The ACLU and McCool are now challenging the Wake county court’s decision in the North Carolina court of appeals, and if the ruling is in ME’s favor, it would mark a watershed moment for LGBTQ rights in the state.The ACLU and McCool are now challenging the Wake county court’s decision in the North Carolina court of appeals, and if the ruling is in ME’s favor, it would mark a watershed moment for LGBTQ rights in the state.
McCool said that the current language in Chapter 50B “sends a terrible message” to victims of domestic violence, and Honeycutt Everett said she has worked with survivors who, once she explained the limitations of the statute, decided not to go through the process at all.McCool said that the current language in Chapter 50B “sends a terrible message” to victims of domestic violence, and Honeycutt Everett said she has worked with survivors who, once she explained the limitations of the statute, decided not to go through the process at all.
“The law has to treat everyone fairly,” Stein said. “And so that principle of equal protection is essential, but it is particularly so when it comes to our laws that keep people safe from physical harm.”“The law has to treat everyone fairly,” Stein said. “And so that principle of equal protection is essential, but it is particularly so when it comes to our laws that keep people safe from physical harm.”
North CarolinaNorth Carolina
Domestic violenceDomestic violence
LGBT rightsLGBT rights
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