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Same-Sex Marriage Resources
 

For most current guidance, see Implementation Guidance Memo for SB2 (June 12, 2015)

Note: This page provides information to State court officials and court employees relating to the changes brought about by these federal decisions.

Effective October 10, 2014, same-sex marriages are permitted and recognized in North Carolina in accordance with the courts' decisions in the Fourth Circuit Court of Appeals, Bostic v. Schaefer, 760 F.3d 352, cert. denied sub nom. McQuigg v. Bostic, ___ S.Ct. ____, 2014 WL 4354536 (Oct. 6, 2014), and the October 10, 2014, order of Judge Max Cogburn in General Synod of the United Church of Christ, et al. v. Drew Reisinger, Register of Deeds for Buncombe County, et al. (WDNC). Judge Cogburn found "Article XIV, Section 6 of the North Carolina Constitution, North Carolina General Statute 51-1 et seq., and any other source of state law that operates to deny same-sex couples the right to marry in the State of North Carolina, . . . UNCONSTITUTIONAL as they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution." On October 14, 2014, Judge William Osteen entered a similar order declaring "... North Carolina Const. art. XIV, 6, N.C. Gen. Stat. 51-1, and N.C. Gen. Stat. 51-2 are declared UNCONSTITUTIONAL to the extent those laws prevent same-sex couples from marrying and prohibit the State of North Carolina from recognizing same-sex couples' lawful out-of-state marriages." Fisher-Borne et al. v. Smith, (MDNC). (Emphases in originals.)

Court Orders

Legal Opinions, Memoranda, and FAQs

Additional Reading

  • Email from Michael Crowell (magistrates and same-sex marriage), Professor of Public Law and Government, School of Government, UNC-CH (October 14, 2014)
  • Email from Dona G. Lewandowski (same-sex marriage vows), Lecturer of Public Law and Government, School of Government, UNC-CH (October 15, 2014)
  • Blog by Shea Denning (magistrates and same-sex marriage), Professor of Public Law and Government, School of Government, UNC-CH (October 16, 2014)
  • Blog by Sara DePasquale (same-sex marriage and adoptions by stepparent), Assistant Professor of Public Law and Government, School of Government, UNC-CH (October 17, 2014)
  • Blog by Michael Crowell (magistrates and same-sex marriage), professor of Public Law and Government, School of Government, UNC-CH (November 3, 2014)

 
 
 
   
 
   
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