AG’s office defends ban on same-sex marriage despite rulings from 15 federal courts that such bans are unconstitutional
Today the North Carolina Attorney General’s office formally responded to the Plaintiffs’ motion for a preliminary injunction in General Synod of the United Church of Christ vs. Cooper, a federal lawsuit challenging the constitutionality of North Carolina’s marriage laws. Plaintiffs in the case requested swift action from the Court due to the immediate and irreparable harms that discriminatory marriage laws inflict upon same-sex couples and clergy every day that these laws remain in effect.
However, in today’s filing the Attorney General’s office argued that the preliminary injunction should be denied, and that the State’s interest in following the law as written outweighs the Plaintiffs’ interest in obtaining immediate relief from these discriminatory laws. The Court could rule on the preliminary injunction in the coming weeks.
“The State fails to acknowledge the harm suffered by the plaintiff couples — a harm recognized by every court that has considered the issue since Windsor. We are sorely disappointed that the State of North Carolina continues to deny equal rights to all of its citizens. Fifteen federal courts in recent months have made clear – emphatically and unequivocally – that it is unconstitutional for state governments to discriminate against loving and committed couples who want the benefits and security that marriage provides,” said Jacob Sussman, an attorney at Tin Fulton Walker & Owen, and lead counsel in the case.
Plaintiffs, Carol Taylor and Betty Mack, a same-sex couple who seek to marry in their church have been in a committed relationship since 1973. They both attend the Unitarian Universalist Congregation of Asheville and have a close relationship with their pastor, Reverend Mark Ward, who is also a plaintiff in the case.
“When you’re in your 70’s you don’t feel as if you have a lot of time left. We would really like to be married in North Carolina and become legitimate in the eyes of this state as we would be in many others,” said Betty Mack.
“Betty and I have been together over 41 years and are both in our ‘70s. We want Reverend Ward to be able to marry us able to have the ceremony in North Carolina, surrounded by our family, friends, and faith community,” said Carol Taylor.
The State’s Response argues against a preliminary injunction, claiming that granting an injunction would alter the status quo by allowing same-sex couples to marry in North Carolina. A PDF of the State’s response to Plaintiffs’ motion for prelimnary injunction can be read and downloaded at: http://bit.ly/1qpYlzL.
General Synod of the United Church of Christ v. Cooper challenges the constitutionality of marriage laws in North Carolina – including Amendment One – that ban marriage between same-sex couples and make it illegal for clergy to perform wedding ceremonies for same-sex couples within their congregations.
Plaintiffs in the legal challenge include same-sex couples and four national religious denominations – the United Church of Christ, the Alliance of Baptists, the Association of Welcoming and Affirming Baptists and the Central Conference of American Rabbis – in addition to Episcopalian, Jewish and Baptist clergy from across North Carolina. The Plaintiffs are represented by the law firms of Tin Fulton Walker & Owen and Arnold & Porter LLP.
The North Carolina Attorney General’s office, representing the State in the case, has requested that the Court grant a stay, or if it does not, that the Court deny the Plaintiffs’ motion for a preliminary injunction. If granted, a stay could mean that all proceedings in this case would be halted. Similar motions to stay have been granted in other North Carolina cases challenging Amendment One as courts are hesitant to rule on this issue until they hear the outcome of another marriage equality case, Bostic v. Rainey, which the U.S. Court of Appeals for the Fourth Circuit is now considering.
Magistrate Judge David Keesler has set a schedule for initial motions in General Synod of the UCC v. Cooper:
June 13th: Plaintiffs’ response is due to the State’s motion to stay.
June 23th: State’s answer is due to the complaint.
This case progresses against the backdrop of a dynamic legal climate in the 4th Circuit and nationally. Recently, a magistrate judge has granted motions to stay in two similar lawsuits challenging Amendment One in North Carolina’s Middle District, Fisher-Borne v. Smith and Gerber and Berlin v. Cooper. In March 2014, a federal court in Tennessee issued a preliminary injunction in a similar marriage equality case, ruling that the state must recognize the marriages of the six same-sex couples who are plaintiffs.
The Campaign for Southern Equality, which promotes LGBT equality across the South, is coordinating a public education campaign accompanying the case. Supporting documents and profiles of the Plaintiffs in General Synod of the UCC v. Cooper can be found at http://www.amendmentonechallenge.org.
