By Josh Bergeron

josh.bergeron@salisburypost.com

Gov. Pat McCrory on Thursday said he would veto a bill that received support from all of Rowan County’s state legislators and would allow magistrates and staff in register of deeds offices to recuse themselves from marriage ceremonies.

Senate Bill 2 passed the State House Thursday by a vote of 67-43. Reps. Harry Warren, R-77, and Carl Ford, R-76, were among the dozens of House Republicans who voted for the measure. The bill passed the Senate in February, and received support from Sens. Andrew Brock, R-34, and Tom McInnis, R-25. Its passage through both bodies of the N.C. General Assembly means the bill will be forwarded to McCrory, who said he intends to veto the measure.

“I recognize that for many North Carolinians, including myself, opinions on same-sex marriage come from sincerely held religious beliefs that marriage is between a man and a woman,” McCrory said Thursday, a few hours after the bill’s passage. “However, we are a nation and a state of laws. Whether it is the president, governor, mayor, a law enforcement officer, or magistrate, no public official who voluntarily swears to support and defend the Constitution and to discharge all duties of their office should be exempt from upholding that oath; therefore, I will veto Senate Bill 2.”

The bill allows any magistrate, assistant register of deeds, or deputy register of deeds to be recused from performing a marriage based on a “sincerely held religious objection.” The recusal would last for six months and apply to all marriages. There is no official definition of a “sincerely held religious objection” in the bill.

The legislature could override a veto by McCrory. Although, an override is more likely in the Senate, which voted 32-16 to pass the bill, than the House.

Supporters of the magistrate recusal bill, including Ford and Warren, say the bill isn’t intended to target same-sex couples. Debate on the House floor from Republicans and Democrats, however, cited same-sex marriages multiple times as a reason for the bill. A federal judge struck down the state’s gay marriage ban last year, effectively making same-sex marriage legal.

Opponents of the marriage license recusal bill cite same-sex couples among the many that could be the subject of discrimination resulting from the bill. Interracial couples was another example cited by multiple opponents, including the North Carolina branch of the American Civil Liberties Union.

“Senate Bill 2 is a transparent attempt to deny gay and lesbian couples the freedom to marry, but it is so broadly written that it would also allow court officers to deny services to interracial couples, interfaith couples, and others,”said Sarah Preston, acting executive director of the American Civil Liberties Union of North Carolina. “No couple should have to spend their wedding day rushing from one courthouse to another trying to prove they meet the religious criteria of a magistrate just to get a marriage license. This happy day should be spent with friends, family and loved ones — not in a maze of government offices.”

Registers of deeds, including Rowan’s John Brindle, have said a significant number of recusals could cause staffing problems.

Ford, however, said staffing problems wouldn’t be an issue.

“We’ll cross that bridge if we get to it,” Ford said. “I could be wrong. I’ve been wrong before. But I don’t think it’s going to affect staffing levels. I really don’t”

After months of inaction by the House on the recusal bill, it moved quickly from committee to the House floor Wednesday. The house passed the bill on its second reading following hours of debate. After opposition from some House members, the bill remained on the calendar and wasn’t considered for a final vote until Thursday.

“I don’t think the concerns were anything more than political grandstanding,” Warren said. “The bill simply makes reasonable accommodations for folks whose job conditions have changed and may be in conflict with their religious beliefs.”

Contact reporter Josh Bergeron at 704-797-4246