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North Carolina same-sex marriage ban struck down as Idaho given green light Judge strikes down North Carolina gay marriage ban as Idaho given green light
(about 17 hours later)
A federal judge in North Carolina has struck down the state’s gay marriage ban as unconstitutional, opening the way for the first same-sex weddings in the state to begin immediately.A federal judge in North Carolina has struck down the state’s gay marriage ban as unconstitutional, opening the way for the first same-sex weddings in the state to begin immediately.
US district court judge Max O Cogburn Jr in Asheville issued a ruling on Friday declaring the ban approved by state voters in 2012 unconstitutional.US district court judge Max O Cogburn Jr in Asheville issued a ruling on Friday declaring the ban approved by state voters in 2012 unconstitutional.
Cogburn’s ruling follows Monday’s announcement by the US supreme court that it would not hear any appeal of a July ruling by the 4th circuit court of appeals in Richmond striking down Virginia’s ban. That court has jurisdiction over North Carolina.Cogburn’s ruling follows Monday’s announcement by the US supreme court that it would not hear any appeal of a July ruling by the 4th circuit court of appeals in Richmond striking down Virginia’s ban. That court has jurisdiction over North Carolina.
“The court determines that North Carolina’s laws prohibiting same-sex marriage are unconstitutional as a matter of law,” wrote Cogburn, who was appointed to the federal bench by President Barack Obama. “The issue before this court is neither a political issue nor a moral issue. It is a legal issue and it is clear as a matter of what is now settled law in the fourth circuit that North Carolina laws prohibiting same sex marriage, refusing to recognize same-sex marriages originating elsewhere, and/or threatening to penalize those who would solemnize such marriages, are unconstitutional.”“The court determines that North Carolina’s laws prohibiting same-sex marriage are unconstitutional as a matter of law,” wrote Cogburn, who was appointed to the federal bench by President Barack Obama. “The issue before this court is neither a political issue nor a moral issue. It is a legal issue and it is clear as a matter of what is now settled law in the fourth circuit that North Carolina laws prohibiting same sex marriage, refusing to recognize same-sex marriages originating elsewhere, and/or threatening to penalize those who would solemnize such marriages, are unconstitutional.”
Though Cogburn’s federal judicial district only covers the western third of the state, North Carolina attorney general Roy Cooper said through a spokeswoman that the Asheville judge’s order applies statewide.Though Cogburn’s federal judicial district only covers the western third of the state, North Carolina attorney general Roy Cooper said through a spokeswoman that the Asheville judge’s order applies statewide.
Buncombe County register of deeds Drew Reisinger kept his Asheville office open late to begin issuing marriage licenses to waiting couples.Buncombe County register of deeds Drew Reisinger kept his Asheville office open late to begin issuing marriage licenses to waiting couples.
“It is my honor to acknowledge the full equality and humanity of all Buncombe County citizens who seek to marry,” Reisinger said. “Issuing these licenses is in keeping with the federal court’s decision that discriminatory marriage laws are unconstitutional.”“It is my honor to acknowledge the full equality and humanity of all Buncombe County citizens who seek to marry,” Reisinger said. “Issuing these licenses is in keeping with the federal court’s decision that discriminatory marriage laws are unconstitutional.”
Cogburn ruled moments after a different federal judge in Greensboro delayed movement in two cases he oversees until Monday. The Asheville case was filed by clergy members seeking to marry same-sex couples, making the argument that their inability to do so under state law was an unconstitutional abridgment of their religious freedom.Cogburn ruled moments after a different federal judge in Greensboro delayed movement in two cases he oversees until Monday. The Asheville case was filed by clergy members seeking to marry same-sex couples, making the argument that their inability to do so under state law was an unconstitutional abridgment of their religious freedom.
“LGBT families in North Carolina will now be treated as equal under the law in North Carolina – a day that so many have fought so hard for,” said the Rev Jasmine Beach-Ferrara, executive director of the Campaign for Southern Equality. “We celebrate knowing that this shameful chapter in North Carolina’s history has passed. At the same time we know that you can still be fired simply for being gay in North Carolina. Protection from discrimination in the workplace is the next step in our push for full equality.”“LGBT families in North Carolina will now be treated as equal under the law in North Carolina – a day that so many have fought so hard for,” said the Rev Jasmine Beach-Ferrara, executive director of the Campaign for Southern Equality. “We celebrate knowing that this shameful chapter in North Carolina’s history has passed. At the same time we know that you can still be fired simply for being gay in North Carolina. Protection from discrimination in the workplace is the next step in our push for full equality.”
Separately on Friday the supreme court said same-sex marriage can go ahead in Idaho.Separately on Friday the supreme court said same-sex marriage can go ahead in Idaho.
The court issued an order on Friday that appears to remove the last legal obstacle keeping gay and lesbian couples from getting married in the conservative state.The court issued an order on Friday that appears to remove the last legal obstacle keeping gay and lesbian couples from getting married in the conservative state.
A federal appeals court in San Francisco on Tuesday declared gay marriage bans illegal in Idaho and Nevada.A federal appeals court in San Francisco on Tuesday declared gay marriage bans illegal in Idaho and Nevada.
Justice Anthony Kennedy temporarily blocked same-sex weddings in Idaho a day later after the state asked for a delay. Idaho officials said county clerks would be forced to issue marriage licenses to same-sex couples almost immediately without the high court’s intervention.Justice Anthony Kennedy temporarily blocked same-sex weddings in Idaho a day later after the state asked for a delay. Idaho officials said county clerks would be forced to issue marriage licenses to same-sex couples almost immediately without the high court’s intervention.
Kennedy offered no explanation for his order, but indicated it would not be lasting. The court issued no explanation for its order Friday, either.Kennedy offered no explanation for his order, but indicated it would not be lasting. The court issued no explanation for its order Friday, either.