A federal court made North Carolina the 29th state in the union to legalize same-sex marriage in October. While civil rights groups and the LGBTQ community largely welcomed the ruling, some state Senate leaders remained staunchly supportive of discrimination based on sexual orientation.
Phil Berger, president pro tempore of the N.C. Senate, released a statement shortly after the court’s decision promising his constituents that he would pursue a bill allowing state-employed magistrates to abstain for religious reasons from awarding marriage licenses to same-sex couples. The proposed legislation, which could be debated during the legislative session that begins Wednesday, would circumvent the federal court’s ruling and create a barrier for same-sex couples who plan to marry.
Legitimizing refusals to perform a civic duty based on personal prejudices is not without precedent. Ruby Bridges, the first black child to integrate a New Orleans public school, remembered in a recent interview with The Huffington Post that many of her white teachers quit their jobs when she became a student. Those teachers, who made a calculated decision not to perform their job out of disdain for black people, are being quietly emulated by civil servants of the 21st century.
It is shameful that North Carolina’s politicians continue to pursue the subjugation of same-sex couples who have every right to be treated equally before the law. In his statement, Berger was quick to refer to the First Amendment. Perhaps he should also consider the Equal Protection Clause of the 14th.