 | ||||||||||||||||||||||
| ||||||||||||||||||||||
North Carolina Same-Sex Marriage Amendment | ||||||||||||||||||||||
| Results | ||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| [1][2] | ||||||||||||||||||||||
| Elections in North Carolina |
|---|
 |
North Carolina Amendment 1 (often referred to as simply Amendment 1) is a partially overturned legislatively referred constitutional amendment in North Carolina that (until overruled in federal court) amended the Constitution of North Carolina to add ARTICLE XIV, Section 6, which prohibit the state from recognizing or performing same-sex marriages, civil unions or civil union equivalents by defining male–female marriage as "the only domestic legal union" considered valid or recognized in the state. It did not prohibit domestic partnerships in the state and also constitutionally protected same-sex and opposite-sex prenuptial agreements, which is the only part that is still in effect today.[3][4] On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%.[5] On May 23, 2012, the amendment took effect.[6]
State law had already defined marriage as being between a man and a woman prior to its passage.[7] Amendment 1 was the last state constitutional amendment banning same-sex marriage to be passed in the United States via voter referendum, as well as the shortest-lived: it was found unconstitutional in federal court in October 2014 after then-Attorney General Roy Cooper declined to further defend it.
ARTICLE XIV, Section 6 of the North Carolina Constitution remains a partially unconstitutional constitutional amendment to this day. In order to repeal the overturned parts of the constitution, either 60% of the North Carolina General Assembly must approve a bill putting another legislatively referred constitutional amendment on the ballot and that amendment must be approved by a majority of voters or convention-referred constitutional amendment during a state constitutional convention, which also requires a majority of voters approval.
- ^ 05/08/2012 OFFICIAL PRIMARY ELECTION RESULTS - STATEWIDE
- ^ Voter Turnout
- ^ "Amendment One, North Carolina Public Employers, and Domestic Partner Benefits" (PDF). Archived from the original (PDF) on September 5, 2012. Retrieved June 7, 2013.
- ^ The legal impact of Amendment One Archived 2014-05-06 at the Wayback Machine, ACLU of North Carolina
- ^ Weiner, Rachel (May 8, 2012). "North Carolina Passes Gay Marriage Ban Amendment One". The Washington Post. Retrieved September 25, 2019.
- ^ Constitutional amendment certified as election fraud questions winnowed
- ^ "NC General Statutes, Chapter 51". North Carolina General Assembly.