North Carolina Amendment 1 (often referred to as simply Amendment 1) was a legislatively referred constitutional amendment in North Carolina that (until overruled in federal court) amended the North Carolina Constitution to prohibit the state from recognizing or performing same-sex marriages or civil unions.
The amendment did not prohibit domestic partnership agreements, but defined male–female marriage as "the only domestic legal union" considered valid or recognized in the state.
For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;(6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
Among North Carolina voters who were informed about the effects Amendment 1 banning same-sex marriage and civil unions and then asked how they would vote, only 38% continued to support it, 46% against it, and 16% were unsure.When combined those who do and don't know the effects of Amendment 1 it found that 55% would vote for it, 41% would vote against, and 4% were unsure.It also found that 55% of North Carolina voters support legal recognition of same-sex couples with 27% supporting same-sex marriage, 28% supporting civil unions, 41% oppose any legal recognition of same-sex couples, and 4% were unsure.Since those relationships would not have been recognized under Amendment One, there were potentially serious consequences.In Potential Legal Impacts of the Proposed Same Sex Marriage Amendment, the authors concluded that in child-custody disputes "judges may interpret [amendment one] as an expression of public policy against all non-marital relationships.Although there are legal documents that can help protect medical and financial security (power of attorney, living will, medical power of attorney), these could have been contested in court based on the argument that they recognize a domestic legal union between the two parties.In addition to legal implications, there were concerns that the amendment would harm economic development and vitality.As with the other protections in question it seemed that the courts would have to decide what the actual interpretation and implementation will be in this area.Other areas of protection that were under question included hospital visitation, emergency medicals decisions, and disposition of deceased partner's remains.The vote on Amendment 1 was held during the lower-turnout North Carolina primary election rather than during a general election when voter turnout is typically higher. On October 6, the United States Supreme Court denied review of this case, meaning that same-sex couples would have the freedom to marry in Virginia. Love won and the barriers to it are done." Shortly after Cogburn's ruling, the Registers of Deeds in several North Carolina counties reopened (or had previously extended hours in anticipation of the ruling) to issue marriage certificates to same-sex couples that had been waiting for several days.Furthermore, whereas the Republican primary was an active contest, the Democratic primary was effectively uncontested and thus had an even further reduced turnout of the Democratic electorate relative to what might have occurred in a hotly contested primary. The decision affirmed the February 13 ruling from U. Since the 4th Circuit also covers Maryland, West Virginia, North and South Carolina, the decision by the Supreme Court to refuse review meant the 4th Circuit decision stood as case law in the other states.