Yes, gay marriage is legal in North Carolina. It has been legal since 2014 following a court case known as General Synod of the United Church of Christ v. Cooper. In that case, a group of churches challenged the state’s ban on same-sex marriage, stating that it violated religious freedom. The churches won the case.
Because of this case, same-sex marriage was legal in North Carolina one year before same-sex marriage becoming legal across the United States in 2015. This is one reason why North Carolina, despite setbacks, is becoming fairly LGBTQ-friendly.
Now, gay marriage is protected by federal law under the Supreme Court case Obergefell v. Hodges, and by the Respect for Marriage Act, which is a federal law that passed in December 2022.
The History of Same-Sex Marriage: Officially Illegal from 1996 to 2014
In 1996, the North Carolina legislature passed a ban on same-sex marriage in response to a court case arguing for gay marriage in Hawaii. North Carolina lawmakers wanted to prevent a similar challenge in North Carolina. A similar law was passed in neighboring South Carolina.
In 2012, North Carolina went one step further, passing a constitutional amendment defining marriage as between a man and a woman. This amendment was passed by North Carolina voters.
As more and more states were making same-sex marriage legal in the early 2010s, there was a huge effort to pass amendments like this across the country.
Fortunately for North Carolina’s LGBT community, this period of strict bans on same-sex marriage lasted less than 20 years.
Same-Sex Marriage Became Legal in North Carolina in 2014
In 2014, the United Church of Christ and many other churches sued the North Carolina government to overturn the ban on same-sex marriage. They said that it was a violation of their freedom of religion. As a side note, the United Church of Christ remains active in the state, including two LGBT-friendly comigrations in Raleigh.
The court agreed and ruled that North Carolina’s law making it a crime to perform a marriage for a couple without a license violated the constitution. That is the reason same-sex marriage became legal in North Carolina in 2014.
In October 2014, the first same-sex marriage took place in North Carolina. Today there are thousands of gay married couples in the state.
In 2015, the U.S. Supreme Court case Obergefell v. Hodges made same-sex marriage legal in the entire United States. The court ruled that the U.S. Constitution (specifically, the Fourteenth Amendment for all the legal nerds out there) required states to recognize same-sex marriage.
The Future of Same-Sex Marriage in North Carolina
In 2022, the Respect for Marriage Act passed the Senate and House, and was signed into law by President Joe Biden. This law further solidified same-sex marriage into law.
This was important because the Supreme Court could potentially reverse its decision and allow states to make gay marriage illegal again. Interestingly, the act also protects interracial marriage, which was also made legal by a court case in 1967.
Today, gay couples in North Carolina enjoy multiple layers of protection for their right to marry.
The North Carolina ban was struck down by a district court case, and every gay marriage ban in the country was struck down by the U.S. Supreme Court. The Respect of Marriage Act is a final layer of protection for gay marriage.
Additionally, more and more people support gay marriage. Voters are not likely to try to overturn gay marriage in North Carolina, even if they legally could.
Why is Same-Sex Marriage Important to the LGBTQ Community?
Formal marriage comes with many legal benefits related to taxes, health decisions, and inheritance. The opportunity to file federal taxes jointly, which can result in thousands of dollars of tax savings, is only available to legally married couples.
In addition to legal benefits, same-sex couples want to have their relationship recognized by the state, similar to opposite-sex couples. Legal gay marriage allows LGBTQ people to feel that they are equal to straight people under the law.
Conclusion
Gay marriage has been legal in North Carolina since 2014. Thankfully, it would be relatively hard to make same-sex marriage illegal again in North Carolina.
There are many layers of laws protecting the right to same-sex marriage. This is one reason why North Carolina is becoming relatively more LGBTQ-friendly, although the state still has its challenges.
References
ABC 11 News – LGBTQ Advocates in NC React to House Bill
NC DOJ – Penalties for Issuing Marriage Licenses to Same Gender Couples
Legalities of Same Sex Marriage in North Carolina
