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MARRIAGE :
LAW: LEGISLATION :
UNITED STATES: STATES: NORTH CAROLINA:
North Carolina Passes Ban on Gay Marriage
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North Carolina Passes Ban on Gay Marriage
By David Zucchino
Los Angeles Times
May 9, 2012
http://www.latimes.com/news/nationworld/nation/
la-na-gay-marriage-20120509,0,1850058.story
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A shorter URL for the above link:
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http://tinyurl.com/cv5hwfm
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Family law experts say the constitutional amendment will threaten domestic
partnership health benefits for local government workers and strip
unmarried couples, both gay and straight, of certain rights.
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Voters in North Carolina on Tuesday approved Amendment One, a fiercely
debated and highly restrictive amendment to the state constitution that
defines marriage as the legal union of a man and a woman.
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The amendment not only outlaws same-sex marriage already illegal in the
state but bans civil unions and domestic partnerships for gay or straight
couples. Family law experts say it will threaten domestic partnership
health benefits for local government workers and strip unmarried couples,
both gay and straight, of their rights to make financial or emergency
medical decisions for an incapacitated partner.
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With all counties reporting, the amendment was approved, 61% to 39%.
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Passage of the measure, called the Defense of Marriage Act by Republican
sponsors, makes North Carolina the final state in the South to pass an
amendment banning gay marriage, and the 29th state overall, according to
the National Conference of State Legislatures. Ten states have statutes
defining marriage as between a man and a woman. Proponents said the
amendment was needed to keep "activist judges or politicians" from
overturning the state's 1996 law.
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The measure is more restrictive than all but three of the marriage
amendments passed in other states, according to a study published by 11
family law professors at seven North Carolina universities. The measure
could even deprive unmarried women of protections against domestic abuse,
while restricting child custody and visitation rights for unmarried gay or
straight couples, they said.
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Only Idaho, Michigan and South Carolina have so strictly defined marriage,
and courts in those three states are still struggling to interpret
amendments passed in recent years. The North Carolina amendment is likely
to face similar court battles.
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The North Carolina vote gives renewed vigor to opponents of gay marriage,
who have fought attempts to legalize such unions while promoting bans on
them. Six states and Washington, D.C., now grant marriage licenses to
same-sex couples. Washington state and Maryland recently passed laws
allowing same-sex marriages, but those laws have not yet taken effect.
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