North Carolina

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LGBT rights in North Carolina
North Carolina (USA)
North Carolina (USA)
Same-sex sexual activity legal? Legal since 2003
Gender identity/expression Altering sex on birth certificate requires sex reassignment surgery
Recognition of
relationships		 None
Restrictions:
 Constitution limits marriage to one man/one woman
Adoption Joint adoption and stepparent adoption illegal
Discrimination protections None

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Carolina. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.

Contents

[edit] Laws regarding same-sex sexual activity

Laws against homosexual activity were abolished in 2003 by the federal Supreme Court ruling Lawrence v. Texas.[1]

The 2005 case of State v. Whiteley, the North Carolina Court of Appeals ruled that the crime against nature statute, N.C. G.S. § 14-177, is not unconstitutional on its face because it may properly be used to criminalize sexual conduct involving minors, non-consensual or coercive conduct, public conduct, and prostitution.[2]

As of 2013, the state's sodomy law, though unenforceable, had not been repealed by North Carolina legislators.[citation needed]

[edit] Recognition of same-sex relationships

Main article: Recognition of same-sex unions in North Carolina

North Carolina recognizes neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state bans same-sex marriage and all other types of same-sex unions both by statute and by constitutional amendment.

[edit] Local domestic partnership registration

Two North Carolina towns, both in Orange County, North Carolina, have recognized and issued domestic partner registrations since 1995: Carrboro and Chapel Hill. Such registrations are recognized only by the issuing jurisdiction. In Chapel Hill, registration is open to all applicants regardless of residency.[3] Registration in Carrboro is available to local residents only.[4] In addition, three cities offer domestic partnership benefits to same-sex couples: Asheville,[5] Greensboro, and Durham. The counties of Durham, Orange, Mecklenburg, and Buncombe also offer these benefits.[6][7][8]

[edit] Constitutional ban on same-sex unions

County-level results of the vote on Amendment 1, amending the N.C. state Constitution to ban legal recognition of same-sex marriages and civil unions.

In September 2011, the North Carolina General Assembly passed North Carolina Senate Bill 514 (2011) which put an amendment banning same-sex unions on the primary election ballot in May 2012. the measure passed after a vote of 30-16 in the state Senate and a vote of 74-42 in the state House.[9]

The amendment was passed by voters, 61% to 39%, on May 8, 2012, making North Carolina the last of the former Confederate states and 30th in the nation to adopt a constitutional amendment explicitly banning same-sex marriage, as well as all other forms of same-sex union. The amendment added to Section XVI of the North Carolina Constitution:[10]

Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.

[edit] Adoption rights

Some lower courts allowed second-parent adoptions until the North Carolina Supreme Court ruled 5-2 in 2010 in the case of Boseman v. Jarell that the state law did not permit adoption by a second unmarried person irrespective of the sex of those involved.[11] The plaintiff in that case was Julia Boseman, first openly gay member of the state legislature. On June 13, 2012 the American Civil Liberties Union (ACLU) sued several state judges in federal court on behalf of six same-sex couples and their children seeking adoption rights.[12]

[edit] Discrimination protection

North Carolina outlaws discrimination based on religion, color, national origin, age, sex or handicap, but not sexual orientation or gender identity.[13] In Institutions of Higher education, many make their own policies regarding protection based on sexual orientation and gender identity, but recently the University of North Carolina at Chapel Hill ruled, after a controversy surrounding Christian a cappella group "Psalm 100", that campus groups could discriminate based on religious belief.[14]

[edit] Hate crime laws

North Carolina's hate crimes statute covers race, color, religion, nationality or country of origin, but neither sexual orientation nor gender identity.[15]

[edit] Public opinion

A March 2009 Elon University Poll survey found that that 48.3% of North Carolina voters supported the legal recognition of same-sex couples, with 20.8% supporting same-sex marriage, 27.5% supporting civil unions or partnerships but not marriage, 44.4% favoring no legal recognition, 4.2% supported some other opinion, 2.8% didn't know, and 0.4% refused to answer.[16]

A February 2011 Elon University Poll survey found that that 56.8% of North Carolina voters supported the legal recognition of same-sex couples, with 27.8% supporting same-sex marriage, 29% supporting civil unions or partnerships but not marriage, 35% favoring no legal recognition, 6% supported some other opinion, 1.1% didn't know, and 1.1% refused to answer.[16]

A September 2011 Public Policy Polling survey found that 31% of North Carolina voters thought that same-sex marriage should be legal, while 61% thought it should be illegal and 8% were not sure. A separate question on the same survey found that 54% of North Carolina voters supported the legal recognition of same-sex couples, with 25% supporting same-sex marriage, 29% supporting civil unions but not marriage, 34% favoring no legal recognition and 3% not sure.[17]

A September 2011 Elon University Poll survey found that that 61.6% of North Carolina voters supported the legal recognition of same-sex couples, with 33% supporting same-sex marriage, 28.6% supporting civil unions or partnerships but not marriage, 34.4% favoring no legal recognition, 2.2% supported some other opinion, 1.7% didn't know, and 0.2% refused to answer.[18]

A November 2011 Elon University Poll survey found that that 59.4% of North Carolina voters supported the legal recognition of same-sex couples, with 33% supporting same-sex marriage, 26.4% supporting civil unions or partnerships but not marriage, 34.5% favoring no legal recognition, 2.9% supported some other opinion, 2.5% didn't know, and 0.6% refused to answer.[18]

A December 2011 Public Policy Polling survey found that 30% of North Carolina voters thought that same-sex marriage should be legal, while 57% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 56% of North Carolina voters supported the legal recognition of same-sex couples, with 27% supporting same-sex marriage, 29% supporting civil unions but not marriage, 40% favoring no legal recognition and 3% not sure.[19]

A February 2012 Elon University Poll survey found that that 63.6% of North Carolina voters supported the legal recognition of same-sex couples, with 35.8% supporting same-sex marriage, 27.8% supporting civil unions or partnerships but not marriage, 31.9% favoring no legal recognition, 1.7% supported some other opinion, 1.9% didn't know, and 0.9% refused to answer.[18]

A March 2012 Elon University Poll survey found that that 66.6% of North Carolina voters supported the legal recognition of same-sex couples, with 37.5% supporting same-sex marriage, 29.1% supporting civil unions or partnerships but not marriage, 29.2% favoring no legal recognition, 2.1% supported some other opinion, 1.2% didn't know, and 0.9% refused to answer.[18]

A May 2012 Public Policy Polling survey found that 34% of North Carolina voters thought that same-sex marriage should be legal, while 57% thought it should be illegal and 9% were not sure. A separate question on the same survey found that 53% of North Carolina voters supported the legal recognition of same-sex couples, with 27% supporting same-sex marriage, 26% supporting civil unions but not marriage, 43% favoring no legal recognition and 4% not sure.[20]

A May 2012 Public Policy Polling survey found that 34% of North Carolina voters thought that same-sex marriage should be legal, while 58% thought it should be illegal and 8% were not sure. A separate question on the same survey found that 55% of North Carolina voters supported the legal recognition of same-sex couples, with 29% supporting same-sex marriage, 26% supporting civil unions but not marriage, 42% favoring no legal recognition and 3% not sure.[21]

A February 2013 Public Policy Polling survey found that 38% of North Carolina voters thought that same-sex marriage should be legal, while 54% thought it should be illegal and 9% were not sure. A separate question on the same survey found that 63% of North Carolina voters supported the legal recognition of same-sex couples, with 33% supporting same-sex marriage, 30% supporting civil unions but not marriage, 37% favoring no legal recognition and 1% not sure. It also found that a majority of young North Carolinian's between the age 18 to 29 years old support same-sex marriage and that 56% of people living in the area code of 919 and 984 support same-sex marriage.[22]

A April 2013 Elon University Poll survey found that 43.2% of North Carolina residents support same-sex marriage, while 45.9% opposed, 10.5% didn't know or had no opinion, and 0.5% refused to answer.[23]

[edit] Social climate

Many metropolitan communities in the state, such as Raleigh, Durham, Chapel Hill and Charlotte, are welcoming to LGBT individuals, although not explicitly.[citation needed] Many metro areas and university communities have experienced hostile backlash from opposition groups (like the Christian Action League (CAL), which has opposed allowing gays and lesbians to serve in the military and sought to keep sodomy laws legal) and rogue anti-gay activists.[24]

North Carolina State University's GLBT Center (its on-campus support center for LGBT students and allies), which is located on campus at Harrelson Hall, had threats and anti-gay slogans spray painted on its door and glass-encased billboard in October 2011. GLBT Center Director Justine Hollingshead expressed shock following the vandalism that such an act would occur at what is supposed to be a safe place for LGBT students and their friends. "What we understand it to be is a crime motivated by hate bias," Hollingshead said.[25]

Numerous hate crimes targeting LGBT individuals continue to take place in North Carolina each year and go unpunished due to faulty evidence collection agencies, underfunded police forces in rural parts of the state, and few legal protections that explicitly protect LGBT victims. According to the Federal Bureau of Investigation’s recent report on Hate Crimes Statistics for 2006, hate-motivated crimes reported by local law enforcement rose 12 percent from 2005 to 2006. Many young people utilize the services of similar LGBT-focused centers of college campuses around the state to seek support, resources of empowerment and legal defense amidst such hostile climates.[26]


[edit] MAP Equality Map

[edit] Organizations

[edit] LGBT organizations

[edit] LGBT community centers

[edit] LGBT youth organizations

[edit] Higher education LGBT resource offices

[edit] HIV/AIDS organizations

[edit] Anti-LGBT Industry

[edit] References

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  1. ↑ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, accessed June 28, 2011
  2. ↑ STATE OF NORTH CAROLINA v. GREGORY PAUL WHITELEY
  3. ↑ Town of Chapel Hill: Domestic Partnership, accessed June 28, 2011
  4. ↑ Human Rights Campaign: City and County Domestic Partner Registries, accessed June 28, 2011
  5. ↑ "City Clerk". City of Asheville. Retrieved April 4, 2012. "On Feb. 22 [2011], City Council authorized the creation of a Domestic Partner Registry to recognize same-sex relationships." 
  6. ↑ Juffras, Diane M., “May North Carolina Local Government Employers Offer Domestic Partner Benefits?” November 2009. http://sogpubs.unc.edu/electronicversions/pdfs/pelb37.pdf
  7. ↑ Comer, Matt. QNotes, “Mecklenburg Commissioners Approve DP Benefits,” Dec 16, 2009. http://www.q-notes.com/4607/mecklenburg-commissioners-approve-dp-benefits/
  8. ↑ "North Carolina Family Policy Council: Buncombe Domestic Partner Benefits". CitizenLink. March 26, 2013. Retrieved May 8, 2012. "Buncombe County is now the fourth county in North Carolina to offer domestic partner benefits to the unmarried opposite sex and same-sex partners of county employees. In a 4 to 3 vote on March 19, the Buncombe County Board of Commissioners approved a policy that “extends benefits and leave policy coverage to same and opposite sex domestic partners” to employees of Buncombe County. The benefits include health insurance, life insurance and family leave benefits allowed by the federal Family and Medical Leave Act." 
  9. ↑ "Senate Bill 514 / S.L. 2011-409". NCGA website. North Carolina General Assembly. Retrieved 13 December 2011. 
  10. ↑ "Marriage Amendment passes in North Carolina by double-digits," The McDowell News, mcdowellnews.com, 9 May 2012, accessed 9 May 2012
  11. ↑ Family Law Prof Blog, "Second Parent Adoption Struck Down by North Carolina Supreme Court," December 22, 2010, accessed June 15, 2012
  12. ↑ New York Daily News: "ACLU sues North Carolina over same-sex adoption ban," June 14, 2012, accessed June 15, 2012
  13. ↑ Human Rights Campaign: North Carolina Non-Discrimination Law, accessed June 28, 2011
  14. ↑ http://www.dailytarheel.com/index.php/article/2011/10/unc_clears_psalm_100_after_investigation
  15. ↑ Human Rights Campaign: North Carolina Hate Crimes Law, accessed June 28, 2011
  16. ↑ 16.0 16.1 Elon University Poll: "Majority of N.C. residents oppose constitutional ban on same-sex marriage" September 30, 2011 , accessed May 8, 2013
  17. ↑ Public Policy Polling: "NC opposes marriage amendment" September 07, 2011, accessed April 6, 2013
  18. ↑ 18.0 18.1 18.2 18.3 Elon University Poll: "Elon University Poll" November 7, 2011, accessed May 8, 2013
  19. ↑ Public Policy Polling: "Perdue remains down to McCrory by 10, would romp Faison" December 9, 2011, accessed December 17, 2011
  20. ↑ Public Policy Polling: "Dalton, McCrory, Amendment lead in North Carolina " May 6, 2012 , accessed April 6, 2013
  21. ↑ Public Policy Polling: "N.C. African Americans shift toward same-sex marriage" May 17, 2012 , accessed April 6, 2013
  22. ↑ Public Policy Polling: "McCrory Disapproval Worsens" February 13, 2013, accessed April 6, 2013
  23. ↑ Elon University Poll: "Elon Poll: N.C. residents oppose several legislative proposals" 4/17/2013, accessed May 8, 2013
  24. ↑ "Three anti-gay groups were pivotal in N.C. marriage amendment push". Beacon Hill Baptist Church: Christianity Baptist Resources. Retrieved 5 December 2011. 
  25. ↑ McDonald, Thomasi. "N.C. State GLBT office vandalized". The News & Observer. Retrieved 5 December 2011. 
  26. ↑ Editor (January 2, 2008). "As hate crimes rise, NC must act". The Carrboro Citizen. Retrieved 5 December 2011. 


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