Constitutional ban on gay marriage unlikely

A bill to amend the state constitution and ban marriage or civil unions for same-sex couples has been introduced in the N.C. General Assembly every year since 2005.

Marriages in North Carolina between same-sex couples already are not valid according to state law.

Supporters of the bill which was filed Monday" argue that the strength of the current law is vulnerable without a constitutional amendment.

""The protection of the family cannot be eroded by the whim of the General Assembly"" said Sen. Peter Brunstetter, R-Forsyth, a cosponsor of the bill. We are moving protection from the (General Assembly) to the people of North Carolina.""

Brunstetter said the active gay rights movement had continued to attack the present law while pushing for marriage recognition.

Terri Phoenix" director of the UNC Lesbian Gay Bisexual Transgender and Queer Center" said N.C. law already is restrictive without the bill.

""It lubricates something that already exists" she said.

There are over 1000 rights benefits and privileges that are only accessible through marriage" Phoenix said.

Despite repeatedly introducing   the proposed amendment, there is very little chance that it will pass, Brunstetter said.

The bill has never moved out of committee to be debated on the floor of the legislature.

This year I would not be extremely optimistic"" Brunstetter said.

In order for the bill to become a constitutional amendment, three-fifths of each chamber must vote to submit the proposed amendment to referendum. The public then must approve the proposed amendment by simple majority.

North Carolina is the only state in the Southeast without a constitutional amendment prohibiting same-sex marriage.

The constitution is to give rights" not to take away" said Sen. Ellie Kinnaird of Orange County.

It is effectively writing discrimination into the North Carolina Constitution.""

Brunstetter said the bill has never failed"" but rather the Democrats have buried it — it's never emerged from committee for a full vote.

""The Democrats are afraid of it"" Brunstetter said. They are afraid to alienate their constituents.""

Kinnaird said it becomes increasingly more difficult for Democrats to strike down the bill each year.

""I think it's going to be a struggle this year"" she said.

Phoenix said there was a large number of people opposed to the bill, including the LGBTQ community on campus and Equality N.C., a gay rights lobbying group.

But Brunstetter said there might not be many people outside of the N.C. LGBTQ community who would oppose it.

It tells you something terrible about the state of democracy in North Carolina"" he said. There are 70 to 80 percent of people who would like to vote upon it yet two to three people in a corner office prevent that.""



Contact the State & National Editor at stntdesk@unc.edu.