Conflicting Court of Appeals decisions heightens debate on same-sex marriage
Lawsuits, hearings, and appeals directed at granting same-sex couples the right to legally marry have recently challenged the constitutionality of North Carolina’s Amendment One, which banned same-sex marriage in the state.
Bostic v. Schaefer, a marriage equality case from Virginia, has influenced marriage precedents across the South. The U.S. 4th Circuit Court of Appeals hears cases from district courts in NC, SC, VA, WV and MD, and on July 28, the court validated previous rulings that “conclude that Virginia’s same-sex marriage bans impermissibly infringe on its citizens’ fundamental right to marry. We affirm its unconstitutionality.”
The verdict that essentially strikes down the 2012 amendment in North Carolina was based on the lawsuit of General Synod of the UCC v. Reisinger, which was filed by clergy from a variety of denominations. The plaintiffs stated that the amendment violated their freedom of religion by repressing their rights to marry same-sex couples and sued the Registry of Deeds in Asheville for prohibiting the religious practices. On Oct. 10, the Federal District Court Judge Max O. Cogburn deemed the ban to be unconstitutional.
However, adding to the debate now is a ruling passed by the U.S. 6th Circuit of Appeals, which presides over MI, KY, OH, and TN. On Nov. 6, the 6th Circuit court upheld rulings from six different district court cases that defined marriage as a union of a man and a woman, reversing lower-court rulings.
In response to the contradicting verdicts passed by the respective appellate courts, attorneys in North Carolina are attempting to appeal to the 4th Circuit courts to overturn their previous ruling in relationship to the finding of the 6th Circuit Court.
Due to the conflicting decisions made by the respective Courts of Appeals, is it likely that the issue will be brought to the Supreme Court.
As of Oct. 6, the Supreme Court has denied review of five different cases of same-sex marriage, according to Equality North Carolina Foundation.
Some people disagree with the amendment due to religious convictions or because they believe that a limited number of politically-appointed people should be able to change the will of the people in a state.
“I know some say that if people like each other, it’s all good for them to be together, but I personally believe in the Bible, and feel that we should keep the laws that God has set for us. It’s hard to say that without sounding like you don’t want people who love each other to be together, because I know that they deserve equal rights,” junior Kayla Sessoms said.
Junior Mia Armstrong supports the overturn of the amendment.
“It’s 2014 already. They (homosexuals) are not extraterrestrials and shouldn’t be discriminated for such a trivial matter. If it’s going to be legal, it needs to happen already,” Armstrong said.
Drew Reisinger, one of the defendants in the lawsuit, works for the Asheville Registry of Deeds. As a supporter of the ruling, he feels that the lawsuit and the ensuing events have provided benefits for both the city and city residents.
“Since the ruling, it has been unbelievable the number of people getting married. Our offices are packed with people daily. Since October, the city has brought in an additional $30,000 in revenue for the city through license fees, which is a massive benefit that is often overlooked,” Reisinger said.
According to the 2000 U.S. Census, the gay index, or ratio of same-sex couples to heterosexual couples in Asheville is 183, much higher than the national average of 100. The large LQBT community in the city has seen heightened controversy after a rainbow colored flag, a symbol to many of homosexual support, was hung outside of the city hall the day prior to the amendment being overturned.
The city council unanimously decided to hang the flag to showcase their support for constitutional equality, according to city council member Gordon Smith.
“Several community members approached us with requests to hang the flag, and I approached the mayor about it before we informally asked the rest of the council. Everyone was in agreement, since as a city we firmly believe in upholding equal constitutional protections of rights for all citizens, which is exactly what the verdict pertained to,” Smith said.
The hanging of the flag has sparked some controversy among city residents about the precedent that hanging the flag has set. Informal protests have occurred in front of the city hall, one of which involved protesters waving Christian religious banners to show their dissent. However, Smith says the backlash has not become an issue for the council.
“In the city itself, the flag has not been as controversial as people have assumed. No one else has formally approached us about hanging up flags of their own, and while some people may be vehemently against our decision, for me, it was one of the greatest things our city could have done. To many same-sex couples, the flag represented one of the most important moments of their life, and seeing their sense of disbelief and overall sense of appreciation was incredibly gratifying,” Smith said.
Bostic v. Schaefer, a marriage equality case from Virginia, has influenced marriage precedents across the South. The U.S. 4th Circuit Court of Appeals hears cases from district courts in NC, SC, VA, WV and MD, and on July 28, the court validated previous rulings that “conclude that Virginia’s same-sex marriage bans impermissibly infringe on its citizens’ fundamental right to marry. We affirm its unconstitutionality.”
The verdict that essentially strikes down the 2012 amendment in North Carolina was based on the lawsuit of General Synod of the UCC v. Reisinger, which was filed by clergy from a variety of denominations. The plaintiffs stated that the amendment violated their freedom of religion by repressing their rights to marry same-sex couples and sued the Registry of Deeds in Asheville for prohibiting the religious practices. On Oct. 10, the Federal District Court Judge Max O. Cogburn deemed the ban to be unconstitutional.
However, adding to the debate now is a ruling passed by the U.S. 6th Circuit of Appeals, which presides over MI, KY, OH, and TN. On Nov. 6, the 6th Circuit court upheld rulings from six different district court cases that defined marriage as a union of a man and a woman, reversing lower-court rulings.
In response to the contradicting verdicts passed by the respective appellate courts, attorneys in North Carolina are attempting to appeal to the 4th Circuit courts to overturn their previous ruling in relationship to the finding of the 6th Circuit Court.
Due to the conflicting decisions made by the respective Courts of Appeals, is it likely that the issue will be brought to the Supreme Court.
As of Oct. 6, the Supreme Court has denied review of five different cases of same-sex marriage, according to Equality North Carolina Foundation.
Some people disagree with the amendment due to religious convictions or because they believe that a limited number of politically-appointed people should be able to change the will of the people in a state.
“I know some say that if people like each other, it’s all good for them to be together, but I personally believe in the Bible, and feel that we should keep the laws that God has set for us. It’s hard to say that without sounding like you don’t want people who love each other to be together, because I know that they deserve equal rights,” junior Kayla Sessoms said.
Junior Mia Armstrong supports the overturn of the amendment.
“It’s 2014 already. They (homosexuals) are not extraterrestrials and shouldn’t be discriminated for such a trivial matter. If it’s going to be legal, it needs to happen already,” Armstrong said.
Drew Reisinger, one of the defendants in the lawsuit, works for the Asheville Registry of Deeds. As a supporter of the ruling, he feels that the lawsuit and the ensuing events have provided benefits for both the city and city residents.
“Since the ruling, it has been unbelievable the number of people getting married. Our offices are packed with people daily. Since October, the city has brought in an additional $30,000 in revenue for the city through license fees, which is a massive benefit that is often overlooked,” Reisinger said.
According to the 2000 U.S. Census, the gay index, or ratio of same-sex couples to heterosexual couples in Asheville is 183, much higher than the national average of 100. The large LQBT community in the city has seen heightened controversy after a rainbow colored flag, a symbol to many of homosexual support, was hung outside of the city hall the day prior to the amendment being overturned.
The city council unanimously decided to hang the flag to showcase their support for constitutional equality, according to city council member Gordon Smith.
“Several community members approached us with requests to hang the flag, and I approached the mayor about it before we informally asked the rest of the council. Everyone was in agreement, since as a city we firmly believe in upholding equal constitutional protections of rights for all citizens, which is exactly what the verdict pertained to,” Smith said.
The hanging of the flag has sparked some controversy among city residents about the precedent that hanging the flag has set. Informal protests have occurred in front of the city hall, one of which involved protesters waving Christian religious banners to show their dissent. However, Smith says the backlash has not become an issue for the council.
“In the city itself, the flag has not been as controversial as people have assumed. No one else has formally approached us about hanging up flags of their own, and while some people may be vehemently against our decision, for me, it was one of the greatest things our city could have done. To many same-sex couples, the flag represented one of the most important moments of their life, and seeing their sense of disbelief and overall sense of appreciation was incredibly gratifying,” Smith said.