N.C. Senate President Pro Tempore Phil Berger, R-Rockingham, said on Oct. 21 that he would support legislation in the 2015 session allowing magistrates and other state officials to refrain from granting licenses to gay couples for religious reasons. The legislative session begins in January.
Berger’s office said in a statement the senator was motivated by recent state events.
Gay marriage has been legal in North Carolina since Oct. 10, when a federal judge struck down the state’s constitutional ban. That ruling followed the Oct. 6 decision of the U.S. Supreme Court, which let stand a July ruling striking down Virginia’s ban. The Virginia ruling was made by the 4th U.S. Circuit Court of Appeals, and North Carolina falls under the 4th Circuit’s jurisdiction, making the ruling legally binding in the state.
“It’s simple really: The opponents of marriage equality lost,” said Louis Duke, president of the College Democrats of North Carolina. “It’s time to get over it and move on. Sen. Berger needs to stop throwing a hissy fit.”
Berger’s statement said the court system failed to observe a requirement under federal and state law to consider alternatives to recognize religious beliefs of employees.
Steven Greene, a North Carolina State University professor of political science, said Berger’s move was an effort to keep conservatives focused on the issue in the upcoming election.