Same-Sex Marriage in North Carolina

This May, North Carolinians will have a significant issue confronting them on the ballot – whether or not to approve an amendment to the North Carolina constitution which would essentially ban same-sex and multiple-spouse marriage in north Carolina. The potential amendment states that “Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.”

Whether you are gay, straight, or upside down, the amendment appears likely to have little significant effect on your life if passed. Same-sex marriage is already not allowed or recognized by North Carolina and, under contract law, same-sex partners are now and will still be afforded many of the more meaningful protections enjoyed by married couples.

Voting against the amendment would not legalize same-sex marriage in North Carolina. Currently, same-sex marriage is not recognized in North Carolina and, as previously mentioned in another blog, the only significant protections in North Carolina for same-sex couples in the context of their cohabitation is contract law. It appears that those protections and actions under contract law that would allow same-sex couples to sue each other over property or other relationship related matters would remain unchanged. Even if the amendment is passed, same-sex couples will still be able to authorize each other to handle financial matters by executing a power of attorney, or appoint each other the decision-maker regard health care decisions if one becomes incapacitated through a health care power of attorney. Same-sex couples could still hold joint checking accounts and could still contract to provide for the protections many married people have in place. The protections allowed with respect to cohabitation rights and contract law are important to same-sex partners and married couples alike and, of course, both should make sure to execute and formalize those protections before an issue arises calling for those protections.