Attorney General denies preliminary injunction in federal Amendment One lawsuit | News
News
INDY Week's news blog

Archives | RSS

Wednesday, June 11, 2014

Attorney General denies preliminary injunction in federal Amendment One lawsuit

Posted by on Wed, Jun 11, 2014 at 2:01 PM

Attorney General Roy Cooper's office has rejected a motion for
a preliminary injunction challenging the constitutionality of North
Carolina's discriminatory marriage law. The federal lawsuit was filed
by United Church of Christ in Asheville on behalf of Carol Taylor and Betty Mack,
an elderly same-sex couple, and argued that Amendment One violates
both the First and Fourteenth Amendments of the U.S. Constitution.

The Attorney General's office argued that North Carolina's marriage laws don't infringe on the First Amendment rights of the clergy plaintiffs who seek to marry same-sex couples.

"When you're in your 70’s you don't feel as if you have a lot of time left. We would really like to be married in North Carolina and become legitimate in the eyes of this state as we would be in many others," said Betty Mack.

“Betty and I have been together over 41 years and are both in our ‘70s. We want Reverend Ward to be able to marry us able to have the ceremony in North Carolina, surrounded by our family, friends, and faith community,” said Carol Taylor.

In March 2014, a federal court in Tennessee issued a preliminary injunction in a similar marriage case.

A stay is more likely in North Carolina. A stay would mean that all forthcoming proceedings on the case would be halted. North Carolina courts are hesitant to do anything about marriage equality. Two other recent lawsuits in North Carolina, Fisher-Borne v. Smith and Gerber and Berlin v. Cooper were issued a stay.

The Attorney General's office seems to waiting and watching what happens nationally, with another marriage equality case making its way through the U.S. Fourth Circuit Court of Appeals. The Fourth Circuit, which covers the mid-Atlantic Southern states, was once considered the most conservative appeals court, but now seems likely to swing in favor of marriage equality.

The Attorney General's office is set to respond to the complaint,
General Synod of the United Church of Christ vs. Cooper, on June 23rd.

The state's response to the lawsuit can be found here.

Tags: , , ,

Pin It

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in News



Twitter Activity

Comments

I was diagnosed of hepatitis B in 2012,I have tried all possible means to get cure but all my effort …

by Austin calnor on The Problem with N.C.’s Religious Exemption Law (News)

"Since late November, Henderson County in Western North Carolina has seen 20 cases of pertussis, or whooping cough, and has …

by Liza Coutu on The Problem with N.C.’s Religious Exemption Law (News)

Most Read

Most Recent Comments

I was diagnosed of hepatitis B in 2012,I have tried all possible means to get cure but all my effort …

by Austin calnor on The Problem with N.C.’s Religious Exemption Law (News)

"Since late November, Henderson County in Western North Carolina has seen 20 cases of pertussis, or whooping cough, and has …

by Liza Coutu on The Problem with N.C.’s Religious Exemption Law (News)

What part of illegal don't they understand. Congress is considering the DACAs plus all other illegal aliens in a bill …

by john1050 on Durham Church Offers Immigrant Sanctuary from Deportation (News)

From the WRAL story:
http://www.wral.com/former-wake-register-o…
"John Stephenson, the county's internal auditor, said an average of $1,100 to …

by Mojo on Indictments in Wake Register of Deeds Scandal Charge Laura Riddick with Embezzling $926,615 (News)

Hopefully Indyweek will remember all this the next time they endorse a Republican (over and over again).

by Robert Larson on Indictments in Wake Register of Deeds Scandal Charge Laura Riddick with Embezzling $926,615 (News)

© 2017 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation