Two years ago, North Carolina adopted a sweeping constitutional amendment that banned same-sex marriage–known as “Amendment One.”?However, a front-page story in today’s Charlotte Observer suggests that amendment could potentially be on life support.
In May, the Fourth Circuit Court of Appeals will consider whether to uphold a federal judge’s February decision to strike down Virginia’s gay-marriage ban.?If the Fourth Circuit allows that ruling to stand, gay-marriage bans in North Carolina, South Carolina and West Virginia could potentially be toppled as well.
If the judges allow the Virginia court ruling to stand, they almost certainly also will strike down existing marriage bans in the Carolinas and West Virginia, legal experts expect. The court’s decision could come as soon as late summer.
?Potentially, the court could narrowly apply their decision to Virginia, but it’s hard to see how they would do that,? says Maxine Eichner, a specialist in sexuality and the law at UNC School of Law.
The Fourth Circuit has become one of the more liberal appellate courts in the country in recent years due to several appointments Obama has made since taking office. It now has a majority of Democratic-appointed judges–four appointed by Clinton (counting Roger Gregory, who was recess-appointed by Clinton and confirmed by the Senate after the second Bush reappointed him) and five by Obama.
And even if the Fourth Circuit opts for a narrow ruling, North Carolina’s ban could still be in jeopardy. The ACLU has filed a separate challenge to North Carolina’s ban on behalf of three area couples. Federal judge William Osteen is due to hear the case sometime this year.?Although Osteen was appointed by the second Bush, at least one law professor thinks that even if the Fourth Circuit opts to only deep-six Virginia’s ban, Osteen will likely side with the ACLU.
?Judge Osteen sees the writing on the wall and knows there’s no great incentive for him to issue a decision in his case,? says Greg Wallace, who teaches law at Campbell University and favors traditional marriage.
?If the Fourth Circuit holds the Virginia law unconstitutional, that would effectively render the North Carolina law unconstitutional, too. ? It would be very hard for Judge Osteen to say, ?This case is different.? ?
Even one of the ban’s proponents knows this odious law is living on borrowed time. When Amendment One was put before the voters, state house speaker Thom Tillis (who is now running for U.S. Senate) said it was likely to be overturned within a generation. The way things are going, Tillis’ prediction could be off by at least 20 years.
Edited/Published by: SB
Darrell Lucus is a radical lefty Jesus-lover with several passions–the Lord, the Tar Heels, the Phillies and fighting for lasting change.? Follow him on Twitter @DarrellLucus.
