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

Last updated September 25, 2024

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]

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]

Ansley v. North Carolina

Ansley v. North Carolina was a federal lawsuit filed on December 9, 2015, in the U.S. District Court for the Western District of North Carolina, challenging the constitutionality of North Carolina's Senate Bill 2 (SB 2), which allowed magistrates and other public officials to refuse to perform marriages based on religious objections.^[2] The lawsuit was brought by three couples, including a same-sex couple, who contended that SB 2 violated the Establishment Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.^[2] They argued that the law allowed state officials to impose their religious beliefs on their duties as public servants, which could lead to discriminatory practices. U.S. District Judge Max O. Cogburn Jr. presided over the case. On September 20, 2016, Judge Cogburn dismissed the lawsuit on the grounds that the plaintiffs lacked standing. He ruled that the plaintiffs had not suffered direct harm under the law, as none had been denied a marriage license or a wedding ceremony due to a magistrate's recusal.^[3] The dismissal of the Ansley case limited further legal challenges to SB 2, as the court's decision set a precedent that plaintiffs needed to demonstrate direct harm to have standing. The law remains in effect, allowing magistrates in North Carolina to opt out of performing marriages based on religious objections.^[4]

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References

1 2 Senate Bill 2 / S.L. 2015-75
1 2 Ansley v. North Carolina Case Docket. CourtListener. Retrieved August 12, 2024.
↑ "Federal Judge Dismisses Suit Against NC Magistrate Recusal Law". The Charlotte Observer, September 21, 2016. Retrieved August 12, 2024.
↑ "The Impact of Senate Bill 2 on Marriage Equality in North Carolina". North Carolina Law Review, Vol. 95, No. 5. Retrieved August 12, 2024.

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[Senate_Bill_2-1] 1 2 Senate Bill 2 / S.L. 2015-75

[AnsleyFiling-2] 1 2 Ansley v. North Carolina Case Docket. CourtListener. Retrieved August 12, 2024.

[Dismissal-3] "Federal Judge Dismisses Suit Against NC Magistrate Recusal Law". The Charlotte Observer, September 21, 2016. Retrieved August 12, 2024.

[NCLawReview-4] "The Impact of Senate Bill 2 on Marriage Equality in North Carolina". North Carolina Law Review, Vol. 95, No. 5. Retrieved August 12, 2024.

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