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Getting this back on track, I for one am confused about the fact that there is still a judge that can rule tomorrow in another case against Amendment 1. Now that the ban has been struck down in the other case on Friday, does that ruling usurp the possible ruling in the other case? Does anyone know?
Since all of North Carolina (Western, Middle, and Eastern Districts) are in the 4th Circuit (along with SC, VA, MD, and WV) all decisions in NC are bound by the 4th Circuit's decision in Bostic which overturned VA's gay marriage ban. If you read Judge Cogburn's decision, he directly cites Bostic as to why Amendment One had to be overturned as a matter of law. The case before Judge Osteen in the Middle District should also follow that precedent.
The reason why the ban is illegal and immoral is clear: the government cannot discriminate in the basis of sexual orientation. That is a protected class due some level of heightened or elevated judicial scrutiny.
Actually you are quite wrong--it IS legal to discriminate based on orientation. ENDA (The Employment Non-Discrimination Act) has never passed Federeally, and many states, including NC, find it A-OK to fire a well-performing employee for NO other reason than that they are gay.
So, while many are rejoicing over our marriages finally being recognized, we still cannot celebrate what it feels like to be a citizen with FULL rights since we can still lose our jobs or homes just because someone in power decides they don't like the queers.
PS--yes, I'm thrilled that my 6-year marriage (after 25 years together before that) in California is finally legal in my and my husband's lifelong state!
I've said it before, and I'll say it again. It is HILARIOUS that the anti-marriage camp forcing this issue into the courts caused this change to occur.
If they didn't push it, it would still be illegal for gays to marry today.
Actually you are quite wrong--it IS legal to discriminate based on orientation. ENDA (The Employment Non-Discrimination Act) has never passed Federeally, and many states, including NC, find it A-OK to fire a well-performing employee for NO other reason than that they are gay.
So, while many are rejoicing over our marriages finally being recognized, we still cannot celebrate what it feels like to be a citizen with FULL rights since we can still lose our jobs or homes just because someone in power decides they don't like the queers.
PS--yes, I'm thrilled that my 6-year marriage (after 25 years together before that) in California is finally legal in my and my husband's lifelong state!
To be fair, Francois, Tarheelhombre did say it was illegal for the government to discriminate, not private employers. All the same, it's still a crying shame that private employers can do so. Here's hoping this too shall pass.
Last edited by garnetpalmetto; 10-13-2014 at 01:46 PM..
Precisely Garnet, my phrasing was precise. The Supreme Court and lower courts have said in a string of cases that government discrimination on the basis of sexual orientation is essentially irrational and cannot even withstand the lower levels of judicial scrutiny. At the same time, the EEOC and other federal agencies are interpreting laws banning "sex" discrimination to also ban discrimination against LGBT people.
Congratulations to all the couples who now are afforded the option to seal their love in marriage today.
All the same sex couples that are just married in the 100 counties are part of history that our children and adults will read about probably on tablets or whatever means available in future centuries. But without a doubt being able to afford this moment to seal their love shows that love wins in North Carolina and we are all equal.
Here to the land of long leaf pine,
Land where the light of equality stands,
Where those in love
may wed their mate,
From fear in the Old North State.
I'm waiting to see how this all turns out. I don't want to get married and then have it nullified. In California there was a period where same sex couples got married. Those marriages remained valid, but people who came after them were shut out.
My partner is away on vacation but when he comes back I'm sure we'll have a conversation about what to do. We've been together 23 years. He doesn't seem to be chomping at the bit, so to speak.
Doesn't mean he wouldn't like to get married.
Propose to him when he gets home.
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Oh, I think we will do it. Just not sure exactly when. We'll need to figure out a time when we can go to the courthouse and do the deed. We'll need to take time off work. I have no idea how long it will take to go through the whole process.
Oh, I think we will do it. Just not sure exactly when. We'll need to figure out a time when we can go to the courthouse and do the deed. We'll need to take time off work. I have no idea how long it will take to go through the whole process.
It's probably slow right now.
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So what happened to that Phil Berger/Thom Tillis lawsuit to stop Gay marriage? I lost track of it.
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