Gay marriage supporters push for quick North Carolina ruling
RALEIGH (WTVD) -- Supporters of gay marriage woke up Tuesday with a new and perhaps unusual sense: that their long-time goal of marriage equality in North Carolina may not be so far off after all. And they aren't sitting around.
The ACLU of North Carolina announced it is taking legal steps to fast track two key cases working their way through North Carolina courts. Each looks at gay marriage through different lenses and, according to ACLU lawyer Chris Brook, each has a good shot at winning.
"These are not families that want special treatment," said Brook. "They just want to be treated like every other family in North Carolina."
Monday, the Fourth Circuit Court of Appeals overturned a ban on gay marriage in Virginia. Supporters say it's very similar to the ban in North Carolina and they have high hopes courts in this state will see it the same way.
In 2012, 61-percent of voters approved the Marriage Amendment (aka Amendment One) codifying marriage in the state's constitution as between one man and one woman. At the time, and despite supporting it, Republican House Speaker Thom Tillis said it was "a matter of time" before the Constitutional change would be overturned. Now, opponents of gay marriage are pressing Tillis and other lawmakers to make sure the state defends the Amendment.
State Attorney General Roy Cooper said after Monday's ruling he would no longer defend the state law. Senate President Pro-Temp Phil Berger put out a statement saying "North Carolinians overwhelmingly voted to put the marriage amendment into our state constitution and expect their Attorney General to uphold his oath of office by defending that constitution."
Chris Brook has a different take.
"Now," Brook said, "it's a matter of not 'if' Amendment One is struck down but 'when.'"
Brook showcased the issue with the faces of those fighting the state law.
Lyn McCoy and Jane Blackburn have been together for more than 20 years. Jane is dying of cancer.
"We want to get married while she's still alive to do it," said McCoy.
Shawn Long is a father of a 12 year old who was denied a family membership to the YMCA - in front of his son - 'because' he's gay.
"He was embarrassed and he was ashamed," said Long. "We want to protect our kids and that's what we're doing. We're trying to make sure they have the same security as other families."
However, opponents of gay marriage say it's not about rights; it's about tradition - and for many, about God.
"Marriage, since its inception, always been between one man and one woman," said John Rustin with the Family Policy Council. "That has always been what marriage is traditionally, but for all of history."
Rustin sees the 4th Circuit Court judges as "activists" misinterpreting a separate Supreme Court decision.
"These are federal judges making these decisions against the will of the people," said Rustin.
"Judges are catching up to the public on this issue," Brook countered.
In Virginia, opponents of gay marriage have 21 days to appeal the court's decision. On both sides of the debate, there's widespread agreement there will be an appeal. It could go to the Supreme Court or to the full 15 judge panel on the 4th Circuit.
A similar case is working its way through the 10th Circuit Court of Appeals. Many think that tees this issue up to be decided by the Supreme Court next summer.
