GREENSBORO – The American Civil Liberties Union and the ACLU of North Carolina Legal Foundation have asked a federal judge to quickly overturn North Carolina’s ban on marriage for same-sex couples in light of a recent ruling from the U.S. Court of Appeals for the Fourth Circuit that found Virginia’s similar marriage ban unconstitutional.
In documents filed late yesterday with a federal judge in Greensboro, the ACLU explains that the Fourth Circuit’s decision striking down Virginia’s marriage ban created a legal precedent that must be followed by courts in North Carolina, one of five states in the Fourth Circuit. On July 30, Judge William Osteen Jr. asked the parties in two ACLU cases challenging North Carolina’s marriage ban to explain the significance of the Fourth Circuit ruling to North Carolina’s law.
“The ruling from the Fourth Circuit makes plain that North Carolina’s ban on marriage for same-sex couples is discriminatory and unconstitutional,” said ACLU-NC Legal Director Chris Brook. “By denying gay and lesbian couples the dignity and legal security that comes with marriage, North Carolina’s law has harmed countless families and made it harder for people to take care of those they love. We are asking the court to provide relief for these families and strike down North Carolina’s discriminatory and unconstitutional ban without delay.”
The ACLU and ACLU-NCLF have filed two federal lawsuits challenging North Carolina’s ban on marriage for same-sex couples, both in the U.S. District Court for the Middle District of North Carolina in Greensboro. The first, Fisher-Borne et al. v. Smith, was filed in July 2013 as an amended complaint to a 2012 lawsuit challenging North Carolina’s ban on second parent adoptions on behalf of six families across the state headed by same-sex couples. On April 9, 2014, the ACLU filed a second federal lawsuit, Gerber and Berlin et al. v. Cooper, on behalf of three married, same-sex couples seeking state recognition of their marriages. Because of the serious medical condition of one member of each couple, they are asking the court to take swift action.
Yesterday, the Fourth Circuit denied a request to delay implementation of its ruling striking down Virginia’s marriage ban. The court’s action means that, unless the U.S. Supreme Court intervenes, couples may begin marrying and having their out-of-state marriages recognized in Virginia as early as next week.
Read the latest filings in both North Carolina cases here:
