Two Durham residents, Richard Mullinax and Perry Pike, filed a lawsuit Monday night against Durham County after they were denied a marriage license by Register of Deeds Willie Covington. The license request marked the first challenge to North Carolina's policy of not recognizing same-sex marriages and added fuel to the fire of what is shaping up to be a state-wide controversy.
While the marriage license application explicitly asks about applicants' ages and family relations, the only gender-specific items are the spaces for the name of the "bride" and "groom," two titles generally referencing female and male applicants respectively.
While the legal battle looms in Durham, Chapel Hill is preparing for a discussion of same-sex marriages of its own. The same day Mullinax and Pike filed their suit, Town Council member Mark Klineschmidt submitted a petition calling for the Town Council to adopt a resolution supporting the repeal of the Defense of Marriage Act.
North Carolina General Statute 51-1 defines marriage as being characterized by the consent of a male and female. In 1995 the General Assembly further clarified the definition of marriage with the Defense of Marriage Act, General Statue 51-1.2, which explicitly denies legal recognition of same-sex marriages.
While Klineschmidt recognizes that the resolution will not legalize same-sex marriage in North Carolina, he said it might allow individuals who receive marriage licenses in other states to seek recognition here.
"As one of the few openly gay elected officials in North Carolina, people have been contacting me and asking me what can we do here," Klineschmidt said. "[Including same-sex couples in the definition of marriage] is necessary to make sure that all of my constituents have the opportunity to access resources in an equitable way.... [The resolution] results in enormous conversation."
Klineschmidt said he had not known about Mullinax and Pike's effort to obtain a marriage license Monday when he submitted the petition, but said that the timing was "a joyous coincidence."
"For them to step out is a model of courage for everyone that we should all learn from and appreciate," Klineschmidt said. "It's unfortunate that the laws are such that they are unable to realize their dream to get married here in North Carolina. Hopefully one day we'll be able to make that change. "
Klineschmidt said that unless other communities adopt similar agenda items encouraging the repeal of DOMA, action at the General Assembly level was not likely. Klineschmidt was confident, however that the Chapel Hill Town Council would adopt the resolution.
"I have a great deal of support on the council and I also have support from our legislative delegation in Orange County," Klineschmidt said.
Opponents of same-sex marriage are critical of Klineschmidt's petition. "[Repealing DOMA] would be detrimental to North Carolina because it would greatly weaken the institution [of marriage]," said John Rustin, director of government relations for the N.C. Family Policy Council. Rustin contended that heterosexual marriages create the optimal environment for raising children.
"The burden from a legal standpoint is on the individuals who are challenging the law to prove there is no rational basis for the law," Rustin said. "They are unable to prove that there are overriding societal benefits from expanding the definition of marriage."
State legislators may take the state's current stance on same-sex marriage one step further: N.C. Sen. Jim Forrester is expected to propose an amendment to the North Carolina constitution banning same-sex marriages. While technically the amendment would likely do nothing more than solidify current law, it would be a preemptive move to deter others from challenging the constitutionality of the state's position.
Klineschmidt said he was not discouraged by the lack of audience at the state level. "Those of us who care about that issue should not refrain from discussing them even in the face of enormous challenge," he said.
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