Good morning and I am sad to have to be addressing this topic today, but then again the Legislature this year has been filled with sad days and votes. So let’s be clear what the proposed amendment the Legislature in North Carolina just passed and placed on the ballot does— it does not just define marriage as only between a man and a woman—it also bars all heterosexual as well as gay domestic partnerships and civil unions.
This is not a mere codification of the existing law, but a vast expansion, creating one of the most, if not the most, extreme and intrusive law in the nation—setting NC on an 8 month course for a bitter, divisive campaign pitting North Carolinian against North Carolinian; family members against each other, and serving only to create an atmosphere of tension, instability and the almost certain potential for acts of prejudice across this state on all fronts—at a time when North Carolina needed leadership and unity, our citizens found little of either in the General Assembly.
And what was the exigency for this crucial amendment, requiring a special session of the legislature to adopt—since the law of North Carolina has been clean and clear for decades—that marriage is only recognized in this state between man and woman-was there a bill pending to change that law? No. Ever been one? No. A lawsuit in State or Federal court to challenge the North Carolina law? Nope.
Overwhelming public support or polling data indicating this issue was top of mind and worry for North Carolinians? Nope—jobs and education and health care and practically
every other topic was ahead of this Kafkaesque proposal.
The sad genesis of this amendment— only the second one ever proposed to eliminate
minority rights rather than expand them—was quite simply fear. The North Carolina Legislature seeks a public vote to amend our constitution out of nothing but fear—fear of aberrant judge; fear of the unknown to some; fear of fellow citizens who just might find the search for liberty encompasses different principles in different generations.
As Justice Kennedy has written, “liberty presumes an autonomy of self that includes freedom of thought, belief, expression and certain intimate conduct”—but apparently not in the NC legislature.
So what is the effect of this proposed amendment?







