Gay rights advocacy groups have been fighting the state's ban on gay marriage in court since it was passed two years ago, and now they're demanding that Gov. Pat McCrory stops fighting them back.
The state has four lawsuits in the district courts challenging N.C. Amendment One, and in the past month, several developments have given fresh momentum to LGBT rights advocates:
1. Advocates with Equality N.C. on Wednesday delivered more than 10,000 petitions to McCrory’s offices in Raleigh, Charlotte and Asheville asking him to stop defending the gay marriage ban. Maybe that number doesn’t speak for the state's entire population, but it’s a considerable number all the same.
2. The 4th Circuit Court of Appeals declared Virginia’s ban against gay marriage unconstitutional last month. Since North Carolina falls under the 4th Circuit's jurisdiction, and Virginia and North Carolina have similar constitutional amendments prohibiting gay marriage, the lawsuits in North Carolina could have claimed the circuit court ruling as a precedent. The legal move would have bolstered their cases and might have put the state's ban in jeopardy. But…
3. The day before gay couples in Virginia were able to legally tie the knot, the Supreme Court issued a stay — meaning the 4th Circuit's ruling has been halted until the High Court decides whether to hear the case next term. While this slows down North Carolina's lawsuits, it might speed up the verdict on the constitutionality of gay marriage bans. It’s likely the Supreme Court will hear the case next term, and they’ll have to come up with a decision by the end of June 2015.
4. N.C. Attorney General Roy Cooper, a Democrat, announced at a news conference last month that he will no longer defend the state in court against the lawsuits challenging the gay marriage ban. It is, generally speaking, the attorney general’s job to handle cases against the state. McCrory would have to hire someone to do Cooper’s job if any of the state's gay marriage cases progress. Hiring someone costs money, and hiring a high-end lawyer costs a lot of money — taxpayer money.
The approval of legal gay marriage has increased nationwide in the past decade. It’s legal in 19 states, while two circuit courts have overturned the ban and several more bans are in legal limbo. Now that the Supreme Court will likely be hearing a case within a year, a nationwide decision might be within sight.
If the attorney general doesn’t see the point in continuing to pay hefty court and lawyer fees, that weakens the argument for defending the state's ban. And it might be a fruitless effort for McCrory to continue to take a firm stance on the ban if the issue goes before the highest court next year.
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