Text of NC H 361 (2009)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 H 1 HOUSE BILL 361 Short Title: Defense of Marriage. (Public) Sponsors: Representatives Lewis, Crawford, Burris-Floyd, Hill (Primary Sponsors); Allred, Avila, Barnhart, Bell, Blackwell, Blackwood, Blust, Boles, Braxton, Brisson, Brown, Brubaker, Burr, Cleveland, Cole, Current, Daughtry, Dockham, Dollar, England, Folwell, Frye, Gillespie, Grady, Guice, Gulley, Hilton, Holloway, Howard, Hurley, Johnson, Justice, Justus, Killian, Langdon, McComas, McCormick, McElraft, McGee, Mills, Mobley, Moore, Neumann, Parmon, Pierce, Randleman, Rhyne, Sager, Samuelson, Setzer, Spear, Stam, Starnes, Steen, Stevens, Stiller, Tillis, West, Wiley, Williams, Wray, and Yongue. Referred to: Rules, Calendar, and Operations of the House, if favorable, Judiciary I, if favorable, Election Law and Campaign Finance Reform, if favorable, Appropriations. March 3, 2009 *H361-v-1* A BILL TO BE ENTITLED 1 AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT MARRIAGE 2 BETWEEN A MAN AND A WOMAN IS THE ONLY DOMESTIC LEGAL UNION 3 THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE. 4 Whereas, of the 15 states in the Southeastern U.S., only one has failed to pass 5 constitutional amendments defining marriage as "the union of one man and one woman." 6 Florida voters approved the question on the ballot in 2008, leaving North Carolina as the only 7 state in the Southeast that has taken no decisive action to pass a marriage amendment; and 8 Whereas, the 14 states in the Southeast that have passed marriage amendments have 9 done so with an average rate of passage exceeding 75%; and 10 Whereas, in statewide poll numbers released May 20, 2008, by the John William 11 Pope Civitas Institute, 71% of North Carolina voters support the passage of a State Marriage 12 Amendment, while 26% are opposed. Among African-American voters, support for the 13 marriage amendment was at 86%; and 14 Whereas, for the last five years, bills calling for a State Marriage Amendment have 15 been introduced in the North Carolina House and the North Carolina Senate, but state 16 lawmakers and the public have not been given the opportunity to vote on this critically 17 important legislation; and 18 Whereas, the California Supreme Court's May 15, 2008 ruling that recognized a 19 constitutional right to same sex marriage in that state will have significant implications across 20 the nation, although it was reversed in that state with a constitutional amendment approved by 21 the voters; and 22 Whereas, the threat of similar lawsuits in North Carolina increased significantly in 23 2008 when the North Carolina Court of Appeals granted visitation rights to the estranged same 24 sex partner of a lesbian woman who conceived a child through artificial insemination. (Mason 25 v. Dwinnell.) In the introductory remarks to the opinion, Judge Martha Geer writes, "It is 26 important to first observe that the factual context of this case — involving same sex domestic 27 General Assembly of North Carolina Session 2009 Page 2 House Bill 361-First Edition partners — is immaterial to the proper analysis of the legal issues involved." In other words, the 1 court considers the "sexual orientation" of the parties involved in this child custody case to be 2 irrelevant. This rationale is strikingly similar to that used by the California Supreme Court 3 when they said, "Furthermore, in contrast to earlier times, our state now recognizes that an 4 individual's capacity to establish a loving and long-term committed relationship with another 5 person and responsibly to care for and raise children does not depend upon the individual's 6 sexual orientation…"; Now, therefore, 7 The General Assembly of North Carolina enacts: 8 SECTION 1. Article 14 of the North Carolina Constitution is amended by adding 9 the following new section: 10 "Sec. 6. Marriage. 11 Marriage between a man and a woman is the only domestic legal union that shall be valid 12 or recognized in this state." 13 SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 14 the qualified voters of the State at an election on November 3, 2009, which election shall be 15 conducted under the laws then governing elections in the State. Ballots, voting systems, or both 16 may be used in accordance with Chapter 163 of the General Statutes. The question to be used in 17 the voting systems and ballots shall be: 18 "[ ] FOR [ ] AGAINST 19 Constitutional Amendment to provide that marriage between a man and a woman is 20 the only domestic legal union that shall be valid or recognized in this state." 21 SECTION 3. If a majority of votes cast on the question are in favor of the 22 amendment set out in Section 1 of this act, the State Board of Elections shall certify the 23 amendment to the Secretary of State. The Secretary of State shall enroll the amendment so 24 certified among the permanent records of that office. 25 SECTION 4. The amendment set out in Section 1 of this act becomes effective 26 January 1, 2010. 27