With marriage shifts, US sees possible changes to LGBT rights

Dramatic shifts in federal and state marriage laws might push more conservative states to compromise on the issue of same-sex marriage.

Jen Jones, spokeswoman for the LGBT advocacy group Equality N.C., said changes in states like Virginia, in which a federal judge recently struck down the state’s same-sex marriage ban, could signal change in North Carolina.

“Virginia’s holding that overrides the constitutional ban on same-sex marriage is really and truly the first victory in the South,” she said. “It’s a victory in the fourth circuit that could have implications in terms of precedent for North Carolina and other states that surround us.”

A growing momentum

John Rustin, president of N.C. Family Policy Council, which advocates against same-sex marriage, said the overturning of Virginia’s ban could have an impact on similarly situated states that fall in the fourth circuit in the federal court system, such as North Carolina.

“The courts will naturally look at each other for direction,” he said.

Rochelle Finzel, a project manager at the National Conference of State Legislatures, said discussion of same-sex marriage policy has picked up in the last year.

Finzel said there could be lawsuits challenging existing marriage laws in Alabama, Louisiana, Missouri, Nevada, Ohio, Pennsylvania and Texas.

She said marriage is usually defined by the states, but a decision might ultimately be made by the Supreme Court.

“It’s a very interesting time to watch how this is unfolding,” she said.

Varying state laws

Rustin said the decision in U.S. v. Windsor, which ruled part of the Defense of Marriage Act unconstitutional this summer, focused on federal marriage laws, not state laws.

“The federal government and courts have taken it upon themselves to recognize marriage in one fashion inconsistent with quite a few of the other states in the nation,” he said. “It is creating a circumstance where different entities may interpret one way while others do another way.”

Despite discrepancies between state policies on same-sex marriage, Jones said couples are starting to see benefits trickle down from the federal government.

“What it means on the state level is an additional set of benefits, protections and recognitions that heterosexual couples take for granted each and every day — everything from the way we cover ourselves in our car insurance to health care coverage to the way we’re understood on our taxes,” she said.

But LGBT activists in other states have seen setbacks.

The Arizona state legislature passed a bill last week that would allow business owners to assert their religious beliefs and deny service to LGBT customers.

“That in and of itself could be very dangerous for employers,” said Steve Kilar, spokesman for the American Civil Liberties Union of Arizona.

The bill is on Republican Gov. Jan Brewer’s desk to be signed.

Changes on campus

Tabatha Turner, senior associate director of need-based aid processing and compliance at UNC, said FAFSA now awards the same benefits to legally married couples, regardless of sexual orientation.

“With the FAFSA, even though North Carolina is not a state that recognizes same-sex marriages, if someone is married in a state that does recognize it, then they are considered married,” she said.

Turner said this policy applies to parents and students, and could have an effect on the amount of financial aid a student receives.

“Previously, (same-sex) parents who were married only reported one parents’ income, and now they will have to report two — the same is true for students,” she said.

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