Member Since: 4/10/2011
Posts: 14,331
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N.C. LIKELY to pass Gay Marriage Ban
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If you believe in polls then North Carolina voters are likely to pass a constitutional amendment that bans same-sex marriages. But, opponents to such an amendment haven’t given up the fight yet and in fact cite other polls showing exact opposite outcomes.
A decision about whether to amend the state constitution to ban same-sex marriages will be decided in the May 8 primary.
Fifty-eight percent of likely voters support such an amendment to the state constitution, according to a SurveyUSA poll released late last month. The poll was commissioned by WRAL News and interviewed 1,001 North Carolinians. It found that 36 percent of respondents opposed the law while 6 percent were undecided. Civitas, a conservative North Carolina-based group, says its polls consistently show that more than six out of 10 North Carolina voters say they support a constitutional amendment that establishes marriage between one man and woman as the only recognized domestic legal union in the state.
Those findings run counter, however, to numbers reported in a survey conducted by Elon University earlier this month, which found that 54 percent of North Carolinians opposed a constitutional amendment banning same-sex marriages.
Coming into the homestretch voters can expect more polls attempting to gauge public sentiment, and also to see the issue come sharply into focus: should North Carolina, the lone Southern state without such a constitutional prohibition, join its neighbors in a mandated ban?
What the amendment will mean
The wording of the proposed amendment appears simple, but the devil is in the details.
It reads: vote “for” or “against” a “constitutional amendment to provide that marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in the state.”
Backers portray the constitutional amendment as a method of blocking any federal court rulings that could pave the way for same-sex marriages in North Carolina.
Meanwhile, opponents say the amendment’s language goes far beyond that and would not only keep the existing ban on gay marriages but also eradicate existing and future legal domestic partnerships between gay and straight couples.
Opponents also say a constitutional amendment isn’t needed if the sole intention is to ban same-sex marriages. That’s because current North Carolina law, enacted in 1996, says that marriage between individuals of the same sex is not valid in North Carolina. This amendment, however, would make that concept part of the North Carolina Constitution.
There is one truly unbiased reviewer of the amendment’s impact, the state’s Constitutional Amendments Publication Commission, which approved language for an official explanation of the proposed amendment earlier this year.
Here is the official explanation adopted by the commission: “If this amendment is passed by the voters, then under state law it can only be changed by another vote of the people.
The term “domestic legal union” used in the amendment is not defined in North Carolina law. There is debate among legal experts about how this proposed constitutional amendment may impact North Carolina law as it relates to unmarried couples of same or opposite sex and same sex couples legally married in another state, particularly in regard to employment-related benefits for domestic partners; domestic violence laws; child custody and visitation rights; and end-of-life arrangements. The courts will ultimately make those decisions.
The amendment also says that private parties may still enter into contracts creating rights enforceable against each other. This means that unmarried persons, businesses and other private parties may be able to enter into agreements establishing personal rights, responsibilities, or benefits as to each other. The courts will decide the extent to which such contracts can be enforced.”
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Read more HERE.
As a North Carolina citizen I will not be shocked to see this amendment that bans gay marriage pass, although I hope it does not pass, the amount of homophobia in this state is ridiculous.
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