NC may constitutionally ban same-sex marriage

North Carolina could soon be one step away from becoming the last Southern state to constitutionally ban same-sex marriage.

The N.C. House of Representatives passed the controversial Defense of Marriage amendment on Monday, which would make heterosexual marriage the only union recognized by the state.

The 75 to 42 vote in favor of the legislation came after more than three hours of debate, and it could be put to a vote in the Senate today. If it follows expectations and passes, the measure will be on the first primary ballot in the 2012 elections.

“It’s for the citizens to decide how they want to define their institution, the institution of marriage,” said N.C. Rep. Nelson Dollar, R-Wake.

Supporters of the amendment agree with Dollar.

“The citizens of this state really want the opportunity to vote on this, and now they’re one step closer to getting that,” said Tami Fitzgerald, the executive director of NC Values Coalition.

But Seth Keel, a gay teenager in Dollar’s jurisdiction, called the legislation “shameful” when he addressed some Republican legislators after the vote.

“No one is voting on their marriages,” Keel said. “So why does the public have a right to vote on whether or not I can get married?”

N.C. Rep. Joe Hackney, D-Orange, said the amendment would interfere with child custody arrangements and prevent same-sex couples, and unmarried heterosexual couples, from receiving treatment or counseling for domestic violence.

“This proposed constitutional amendment runs against the tide of history,” he said. “I think that’s why it’s being brought here today, in a last gasp to forestall that tide of history.”

Hackney, and other Democrats, said the procedure for the legislation was unfair and calculated — originally, the bill was to be considered in the Senate Judiciary committee on Monday. Instead, it was considered in the House Rules committee, passed, then pushed for “immediate consideration.”

Rep. Susan Fisher, D-Buncombe, said amendments are rarely ever considered immediately by the legislature, and Hackney said the procedure minimized debate about the language of the amendment.

But Rep. Paul Stam, R-Wake, the House majority leader, said the procedure was not unusual.

Republican legislators said the amendment would prevent judges from overturning current law, which bans same-sex marriages.

But Democratic representatives said it was unnecessary and unjust.

“Putting the rights of the minority population up for a vote by the majority is a terrible notion and a terrible precedent,” said Rep. Pricey Harrison, D-Guilford, who emotionally defended same-sex marriage on behalf of her sister, a lesbian.

Contact the State & National Editor at state@dailytarheel.com.