Senate Bill 2 (North Carolina General Assembly, 2015 Session)

Last updated

Senate Bill 2, officially called An act to allow magistrates, assistant registers of deeds, and deputy registers of deeds to recuse themselves from performing duties related to marriage ceremonies due to sincerely held religious objection., is a 2015 North Carolina anti-LGBT law that allows for an exemption for state magistrates, assistant register of deeds, or deputy register of deeds who object to participating to issuing marriage licenses for marriages they object to "based upon any sincerely held religious objection." [1]

Contents

Background

On October 10, 2014, U.S. District Court judge Max O. Cogburn, Jr. ruled in the case of General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional, thus legalizing same-sex marriage in North Carolina.

Legislative history

On February 25, 2015, the North Carolina Senate passed, with 32 ayes, 16 noes, and 2 absent, Senate Bill 2. On May 28, 2015, the North Carolina House of Representatives passed, with 67 ayes, 43 noes, and 10 absent, SB 2. On that same day, Governor Pat McCrory vetoed SB 2. On June 1, 2015, the North Carolina Senate voted, with 32 ayes, 16 noes, and 2 absent, in favor of overriding the governor's veto of Senate Bill 2. On June 11, 2015, the North Carolina House of Representatives voted, with 69 ayes, 41 noes, and 10 absent, in favor of overriding the governor's veto of Senate Bill 2 and the law went into effect as Chapter Session Law 2015-75. [1]

Response

Ansley v. North Carolina

On December 9, 2015, the lawsuit Ansley v. North Carolina was filed in U.S. District Court in Asheville, North Carolina. Attorney General Roy Cooper said his office will defend the state even those he personally opposes the legislation. [2]

See also

Related Research Articles

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

This is a list of notable events in the history of LGBT rights that took place in the year 2009.

LGBT rights in Nevada Overview of LGBT rights in the U.S. state of Nevada

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nevada enjoy the same liberties experienced by non-LGBT Nevadans. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.

Same-sex marriage has been legally recognized in the U.S. state of North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. The state's Governor and Attorney General had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

LGBT rights in California Overview of LGBT rights in the U.S. state of California

California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.

LGBT rights in Illinois Overview of LGBT rights in the U.S. state of Illinois

Illinois is seen as one of the most progressive states in the United States in regard to lesbian, gay, bisexual and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.

LGBT rights in Maryland

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Maryland enjoy the same rights as non-LGBT people. Maryland has had statewide protections against discrimination based on an individual's sexual orientation since 2001 and gender identity since 2014. Legislation to legalize same-sex marriage in Maryland was approved by voters on November 6, 2012 and went into effect on January 1, 2013. Today, the state of Maryland is regarded as one of the most LGBT-friendly states in the country, with a 2017 Public Religion Research Institute showing that two-thirds of Marylanders supported same-sex marriage. Additionally, a ban on conversion therapy on minors became effective on October 1, 2018. In October 2020, Montgomery County within Maryland passed unanimously an ordinance that implemented a LGBTIQ+ bill of rights.

LGBT rights in North Carolina

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.

LGBT rights in Arkansas Overview of LGBT rights in the U.S. state of Arkansas

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County, Georgia in 2020.

LGBT rights in North Dakota Overview of LGBT rights in the U.S. state of North Dakota

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.

LGBT rights in Kentucky

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. commonwealth of Kentucky have most of the same rights as non-LGBT persons have, but still face some legal challenges not experienced by other people. Same-sex sexual activity is legal in Kentucky. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples. On February 12, 2014, a federal judge ruled that the state must recognize same-sex marriages from other jurisdictions, but the ruling was put on hold pending review by the Sixth Circuit. Same sex-marriage is now legal in the state under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, and all other same sex marriage bans elsewhere in the country, was handed down on June 26, 2015.

North Carolina Amendment 1 2012 state amendment

North Carolina Amendment 1 was a legislatively referred constitutional amendment in North Carolina that amended the Constitution of North Carolina 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. On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%.

Arizona SB 1062 was an Arizona bill to amend an existing law to give any individual or legal entity an exemption from any state law if it substantially burdened their exercise of religion, including Arizona law requiring public accommodation.

Religious Freedom Restoration Act (Indiana) Act of the State of Indiana

Indiana Senate Bill 101, titled the Religious Freedom Restoration Act (RFRA), is a law in the U.S. state of Indiana, which allows individuals and companies to assert as a defense in legal proceedings that their exercise of religion has been, or is likely to be, substantially burdened.

Arkansas HB 1228, also known as the Conscience Protection Act, the Religious Freedom Restoration Act, is a law in the state of Arkansas that aims to increase "judicial scrutiny" in cases involving religious beliefs. Opponents of the law say that it will allow for lawful discrimination of LGBT people. On March 31, 2015, the law was passed by the Arkansas Senate. The next day, Governor Asa Hutchinson announced that he would not sign the bill as written, instructing the legislature to make changes to the bill's language. The final version was passed and signed into law as Act 975.

Senate Bill 175 is a 2016 Kansas legislative proposal that would prohibit public universities to "deny a religious student association any benefit available to any other student association" based on those organizations' "sincerely held religious beliefs" This bill is intended to protect student organizations who restrict membership in regards to LGBT students, which critics argue is discriminatory.

Senate Bill 297 is a 2015 Utah anti-LGBT act that allows for an exemption for individuals, religious officials, religious organizations, and government officers and employees who object to participating to issuing marriage licenses for marriages they object to based on "deeply held beliefs about marriage, family, and sexuality."

House Bill 142 is a 2017 law that was enacted in the state of North Carolina that repealed House Bill 2. The bill states that all "state agencies, boards, offices, departments, institutions, branches of government, including The University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, are preempted from regulation of access to multiple occupancy restrooms, showers, or changing facilities, except in accordance with an act of the General Assembly." It also enacted that no local government in this state may enact or amend an ordinance regulating private employment practices or regulating public accommodations until December 1, 2020.

Arnold Schwarzenegger and LGBT rights Overview of the relationship between Arnold Schwarzenegger and LGBT rights

Arnold Schwarzenegger was an early opponent of same-sex marriage in the United States, including during his Governorship of California. He has since wavered in this opposition to reverse his political stance on gay rights in the United States, LGBT rights.

North Carolina General Assembly of 2015–16

The North Carolina General Assembly of 2015–2016 was the state legislature that was first convened in Raleigh, North Carolina on January 14, 2015 and concluded in December 2016. This was the 151st meeting of the North Carolina General Assembly. Members of the North Carolina Senate and the North Carolina House of Representatives were elected on November 4, 2014. Republicans controlled the Senate and Democrats controlled the House of Representatives.

References

  1. 1 2 Senate Bill 2 / S.L. 2015-75
  2. North Carolina sued over gay marriage opt-out law