Myth: Amendment One is about gay marriage. If you vote against Amendment One you are voting to make gay marriage legal in NC.
FACT: Gay marriage has been illegal in NC since 1996. The Marriage Act was passed by the NC Congress in 1996. NC § 51‑1.2. reads: Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina. (1995 (Reg. Sess., 1996), c. 588, s. 1.)
FACT: Law books dating as early as 1896 define marriage legally in NC as "between one man and one woman." Therefore, were Amendment One only about gay marriage it would be needless and redundant.
Myth: If I'm not gay, this amendment won't affect me at all.
FACT: Amendment One reads:
An Act to amend the Constitution to provide that marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this state.
This legally defines "domestic" as only existent between a married man and woman. Thus, long term unions and so called "common law" couples will no longer be afforded the meager rights they currently possess. Your sexuality does not matter. Your domestic status (i.e. married or not married) is what becomes legally important. *Note: Common law marriage is not recognized in NC at this time. This term is used colloquially and not legally in this article. Thank you to CT for letting me know my use of the term was confusing.
Potential legal ramifications:
- Current domestic violence legislation would be rendered null and void. "Domestic" violence could legally only occur between "one (married) man and one woman (his spouse)." Single women, therefore, would not be afforded domestic violence protection. If your relationship with your significant other did not include a marriage certificate then you would not be involved in a legal "domestic" union.
- Insurance companies that currently allow carriers to provide insurance for "domestic partners" and the children of "domestic partners" could potentially sever this insurance coverage. Because unmarried partnerships will no longer be legally recognized, many unmarried couples and their children stand to lose insurance coverage.
- Unmarried non-biological parents could find their child visitation and custody rights in question.
- Your long term significant other could be denied visitation rights at a hospital if you were incapacitated.
- You could lose half of what you own if your partner dies unexpectedly because regardless of the fact you reside together, you would have no legal claim to the other person's possessions.
I would also like to point out that all of the aforementioned ramifications have already occurred in Ohio following the passing of similar legislation by their state's congress.
Please educate yourself before going to the polls on May 8th. I intend to vote NO on Amendment One. I hope you will too.
I WOULD LIKE TO MAKE THIS PERFECTLY CLEAR: IT IS YOUR RIGHT TO DISAGREE WITH MY POST, MY OPINIONS, AND AMENDMENT ONE. IT IS NOT YOUR RIGHT TO USE HOMOPHOBIC HATE SPEECH IN COMMENTS. I WILL NOT PUBLISH COMMENTS THAT UTILIZE HOMOPHOBIC SLURS OR BAD LANGUAGE. I WILL ALSO HENCEFORTH NOT BE PUBLISHING ANY COMMENTS FROM COMMENTERS WHO DO NOT POSSESS ENOUGH CONVICTION BEHIND THEIR WORDS TO COMMENT USING THEIR OWN NAMES. IF I CAN WRITE A BLOG EXPRESSING A SOMEWHAT UNPOPULAR OPINION USING MY OWN NAME, THEN YOU CAN COMMENT ON THAT SAME BLOG EXPRESSING YOUR OPINION USING YOUR OWN NAME. THANK YOU.