Resolution
North Carolina Marriage Amendment
WHEREAS, marriage throughout human history has been the basic building block of society; and
WHEREAS, marriage is in fact the union of one man and one woman at one time, and it is the nature of this male/female relationship that defines marriage; and
WHEREAS, North Carolina law recognizes that, “A valid and sufficient marriage is created by the consent of a male and a female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other” (N.C. Gen. Stat. 51-1); and
WHEREAS, the General Assembly of North Carolina passed a “Defense of Marriage Act” in 1996, which clarifies in statute that: “Marriage, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.” (N.C. Gen. Sta. 51-1.2); and
WHEREAS, the United States Congress enacted a federal statute known as the “Defense of Marriage Act” which mandates that, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.” (1 U.S.C. § 7); and
WHEREAS, the Supreme Judicial Court of the State of Massachusetts declared in a 4-3 decision that the Massachusetts legislature must provide for same-sex marriages, and whereas the State of Massachusetts began issuing marriage licenses to same-sex couples on May 17, 2004, and whereas the Massachusetts legislature repealed a law that prohibited marriage in Massachusetts of couples whose home states would not recognize the marriage, so that same-sex couples from North Carolina can now legally “marry” in Massachusetts; and
WHEREAS, the California Supreme Court ruled in a 4-3 decision that limiting marriage to opposite-sex couples was a violation of the California Constitution, and whereas the State of California began issuing marriage licenses to same-sex couples on May 17, 2008, and continued that practice until November 4, 2008, when voters in California overrode their Court’s redefinition of marriage by passing Proposition 8 protecting the traditional definition of marriage; and
WHEREAS, on October 10, 2008, the Supreme Court of Connecticut ruled by a 4-3 majority that, even though same-sex couples in Connecticut can form civil unions equal in rights and benefits to marriage, denying them the right to marry violates the State’s Constitution, and whereas, on November 12, 2008 the State began issuing marriage licenses to same-sex couples; and
WHEREAS, an unknown number of same-sex couples that reside in North Carolina have already obtained marriage licenses in Massachusetts, California (before Proposition 8 passed), or Connecticut, and at any time, one or more of these couples could file suit in a North Carolina court in an attempt to convince a judge to overturn our State’s marriage laws, arguing that they unconstitutionally prohibit “marriages” between same-sex couples; and
WHEREAS, without a provision in our State Constitution defining marriage as the union between only a man and a woman, any court in our State could redefine marriage by legalizing the union of same-sex couples, without a vote of the people of the State or our elected legislators; and
WHEREAS, to date, 30 states have passed Marriage Protection Amendments that place the traditional definition of marriage as the union of one man and one woman in their state constitutions and beyond the reach of a court; and
WHEREAS, North Carolina is the only state in the southern United States that has not protected marriage in its State Constitution by defining it as the union of one man and one woman, thus making it a target for same-sex “marriage;” and
WHEREAS, a Constitutional Amendment stating that “Marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this State” is the strongest means of protecting North Carolina’s statutory definition of marriage and of insuring that the definition of marriage will be determined by the people of the State; and
WHEREAS, bills have been proposed in the last five sessions of the General Assembly to protect marriage by defining it in the North Carolina Constitution as the union of one man and one woman, but the leadership in the North Carolina House and Senate have denied lawmakers and the citizens of the State an opportunity to vote on these bills;
NOW THEREFORE BE IT THEREFORE RESOLVED, that the Rowan County Board of Commissioners believes that it is in the best interest of the people of the County of Rowan and the State of North Carolina to define marriage in the North Carolina Constitution as the union of one man and one woman at one time.
BE IT FURTHER RESOLVED, that the Rowan County Board of Commissioners hereby requests that the North Carolina General Assembly, in accordance with Article XIII, Section 4 of the North Carolina Constitution, approve legislation submitting a proposal to the qualified voters of this State, for their ratification or rejection, for the adoption of an amendment to the North Carolina Constitution stating:
“Marriage between a man and a woman is the only domestic legal union
that shall be valid or recognized in this State”
This the 16th day of February 2009.