Defining marriage

Editorial by Greenville Daily Reflector, August 10, 2014.

Make no mistake. State Attorney General Roy Cooper never liked North Carolina’s constitutional amendment that opposes gay marriage.

Passed in 2012 by nearly 61 percent of voters, the amendment, popularly called Amendment One, defines marriage as between one man and one woman only and affirms that it is the only domestic legal union “that shall be valid or recognized in this state.” Since a state law on the books already banned gay marriage, this meant North Carolina has said no not once, but twice, to same-sex unions.

As a private citizen, Cooper has admitted, he didn’t agree. In 2013, the attorney general said that he personally supports “marriage equality” but would uphold his duty to defend the state laws in court. Until now.

Citing a federal court ruling last week, Cooper said he would no longer seek to defend North Carolina’s ban because there was no point in it. The U.S. 4th Circuit Court of Appeals in Richmond, which also covers North Carolina, ruled 2-1 that Virginia’s same-sex marriage ban is unconstitutional.

Two federal appeals courts have now overturned such bans and every court challenge thus far to state anti-gay marriage laws has been successful.

Cooper said on the day of the ruling: “Our attorneys have vigorously defended North Carolina’s marriage law, which is their job. But today we know our law surely will be overturned as well. Simply put, it is time to stop making arguments that we will lose and instead move forward, knowing that the ultimate resolution will come from the U.S. Supreme Court.”

Supporters of gay marriage were heartened. Opponents, not so much. Voters who passed the marriage amendment at the polls “expect our AG to uphold his oath by defending it,” state Senate leader Phil Berger tweeted.

Given the attorney general’s announcement, the legislature could hire outside attorneys to defend the marriage amendment instead of Cooper and his staff, but to little effect. Despite some initial bluster, lawmakers seemed to realize that. Both Berger and House Speaker Thom Tillis said the legislature did not expect to intervene on the issue. “We don’t have any plans at this point to do anything,” Tillis said.

That’s because, from a purely practical standpoint, Cooper is right. Politics aside, nothing is likely to change anytime soon.

Better to let this case play out in the Supreme Court, where it will be resolved, once and for all.

http://www.reflector.com/opinion/editorials/nc-editorial-defining-marriage-2620879