North Carolina LGBT Laws

On 19 June 2017, the US Supreme Court ruled that North Carolina law making it a felony for a convicted sex offender to use social-networking websites violates the Constitution’s First Amendment guarantee of freedom of speech [C1.2], [R1.1].

In November 2003, it was reported that courts still deny custody based on sexual orientation alone [R1.3].

In July 1998, in a ruling that both sides said could affect unmarried heterosexual couples, the Supreme Court held that a gay father who admitted having sex with his boyfriend in their home cannot retain custody of his two sons [R1.2].

Previously:

In October 1996, the gay father won his battle to retain custody of his two sons after a State court of appeals found there was no evidence the boys had been exposed to “improper influences” in living with their dad and his male lover [R1.1].

On 29 June 2012, Diane Juffras, associate professor of public law and government at the University of North Carolina School of Government outlines the reasons why North Carolina’s recently-approved anti-LGBT state constitutional amendment will not bar benefits offered by local governments to employees’ same-sex partners [D1.5], [R1.4].

On 08 May, voters approved Amendment One 61% to 39% to the constitution making same-sex marriage (already unlawful) and now also making civil unions and domestic partnerships for gay or straight couples unlawful [R1.3].

On 24 May 2011, HB 805 was passed by the House and sent to the Senate where on 25 May 2011 it was referred to Committee on Judiciary II. The Bill seeks to amend name-change laws potentially making it more difficult for LGBT citizens to change their names [R1.2].

In April 2008, a new statewide rule added a provision to the Patients’ Bill of Rights, stating: “A patient has the right to designate visitors who shall receive the same visitation privileges as the patient’s immediate family members, regardless of whether the visitors are legally related to the patient.” The right applies to hospitals statewide. But the new regulation will not provide same-sex partners the right to make medical decisions for which heath care powers of attorney are mandatory [R1.1].

On 04 August 2015, Mecklenburg County Board of Commissioners unanimously approved cutting benefits for domestic partners of gay employees in light of the U.S. Supreme Court ruling that legalized same-sex marriage. County employees whose partners received health benefits will have to marry if they want their partners listed as dependents [R2.3].

On 19 March 2013, Buncombe County commissioners voted 4-3 to begin offering benefits to the same-sex partners of county employees, allowing LGBT couples and their dependents access to health and life insurance, use of leave time and all entitlements under the Family and Medical Leave Act [R2.2].

On 15 December 2009, the Mecklenburg County Board of Commissioners split along party lines, approving domestic partner benefits for same-sex couples in a 6–3 vote, effective 2011 [R2.1].

On 25 June 2012, Charlotte Council passed the 2013 budget giving the City Manager the authority to develop and implement a benefits plan for same-sex partners of city employees. The partner benefits would mirror those currently offered to spouses and dependents of employees and include such items as medical and dental insurance and funeral and sick leave [R3.5].

On 22 February 2011, Asheville Council approved a resolution 5–1 calling for creation of a city registry for people in same-sex relationships and endorsing more rights for same-sex couples [R3.4].

On 01 January 2007, Greensboro domestic partner health and dental insurance benefits became available to employees [R3.3].

In October 2002, Durham unmarried and otherwise unrelated heterosexual and homosexual partners who live with and share expenses with city employees were eligible for city health and dental coverage. Employees are required to sign documents affirming their partnership [R3.2].

In July 2002, Durham City Attorney Henry Blinder said state law neither requires nor prohibits offering the domestic-partner benefits [R3.1].

In 1999, Chapel Hill and in 1996, Carrboro ordinances extended health insurance benefits to domestic partners [R4.1].

In May 2000, Orange County Superior Court Judge Orlando Hudson allowed a motion for summary judgment upholding Chapel Hill and Carrboro ordinances extending health insurance benefits to domestic partners [R4.1].

On 21 December 2016, lawmakers failed to reach a deal to repeal House Bill 2, a divisive and costly law restricting protections for transgender people, ending a daylong special session without coming to agreement on anything [R1.6].

On 20 December 2016, it was reported that Governor-elect Roy Cooper called for repeal of the controversial House Bill 2 and outgoing Governor Pat McCrory had summoned lawmakers for a special session on Wednesday to reconsider the law [R1.5].

On 12 April 2016, Governor Pat McCrory signed Executive Order No. 93 making limited changes to House Bill 2. The Order creates protections against discrimination in the provision of public services and state employment though it affirms that private businesses, nonprofit employers and local governments may establish their own non-discrimination employment policies [R1.4].

On 23 March 2016, the House of Representatives passed 83-24 House Bill 2 and the Senate passed the Bill 32-0 (the Democrat senators walking out of the chamber in protest). House Bill 2 rescinds all local LGBT-inclusive nondiscrimination policies throughout the state. The governor promptly signed the Bill into law that comes into effect 01 April [R1.3].

On 09 May 2013, the Senate passed Bill S719 which would if passed by the House and signed into law, prohibit public institutions in the University of North Carolina System and the state’s community colleges from enforcing their non-discrimination policies among student group leadership [R1.2].

On 09 April 2013, Reps. Tricia Cotham (D-Mecklenburg), Marcus Brandon (D-Guilford), Susi Hamilton (D-Brunswick, New Hanover), and Darren Jackson (D-Wake) introduced state employment non-discrimination House Bill 647. Unlike a similar bill introduced in late March, this bill would also extend protections on the basis of sexual orientation and gender identity to teachers and other school staff across the state [R1.1].

On 21 September 2015, Wake County Board of Commissioners voted unanimously to add sexual orientation, gender identity and gender expression to its anti-discrimination policy protecting LGBT workers and job applicants [R2.4].

On 16 October 2013, the Mecklenburg County commissioners voted 6-3 to add the phrase “actual or perceived gender as expressed through dress, appearance, or behavior” to the equal employment and non-discrimination policy for county workers [R2.3].

On 02 April 2013, county commissioners voted 4–3 to amend Buncombe County’s employee non-discrimination statement to include sexual orientation and gender identity. The Ordinance is subject to a confirming vote on 16 April [L2.2], [R2.1].

On 19 December 2016, the Charlotte City Council voted 10-0 to rescind its expanded nondiscrimination ordinance, prompting Governor Pat McCrory to call for a special session to consider the repeal of House Bill 2. The repeal of the ordinance includes language which will reinstate it if the NC General Assembly doesn’t repeal HB2 by 31 December of this year [R3.5]. Now see above at [R1.6].

On 22 February 2016, the Charlotte City Council voted 7-4 to add sexual orientation, gender identity and marital status as attributes protected from discrimination when it comes to public accommodations including restaurants, retail stores and other businesses, effective 01 April, however the State legislature may overrule the city [R3.4].

On 22 February 2011, Asheville Council approved a resolution 5–1 calling for creation of a city registry for people in same-sex relationships and endorsing more rights for same-sex couples [R3.3].

In March 2010, Winston-Salem Central YMCA refused membership to a same-sex couple who tried to join the club as a family [R3.2].

In July 2002, Durham city’s current policy stated that it will “foster, maintain and promote” non-discrimination, including regarding sexual orientation, “in all aspects of employment” and that the city will “take those steps necessary to implement this policy.” [R3.1].

On 09 February 2018, the ruling of Administrative Law Judge Michael J Devine that the State of North Carolina violated federal law when it forced Magistrate Sandra G Myrick to resign, because of her religious beliefs about marriage prevented her from personally performing same-sex wedding ceremonies, reportedly became final. Under a settlement agreement Myrick will receive $210,000 in damages and $115,000 in attorneys fees [C4.5], [R4.4].

On 04 August 2017, US Equal Employment Opportunity Commission Deputy Director Thomas M Colclough found evidence that Charlene Bost faced discrimination and a retaliatory hostile work environment in her position as a cashier supervisor at Sam’s Club (a subsidiary of Walmart) from 2013 through her firing in 2015 in violation of Title VII of the Civil Rights Act of 1964 [C4.3], [R4.2].

On 09 May 2016, the US Justice Department and North Carolina’s Republican governor, Pat McCrory, and the state’s secretary of public safety commenced proceedings against each other in different Federal Courts on the legality or otherwise of HB2, the controversial so-called bathroom law [R4.1].

On 30 March 2017, Governor Roy Cooper signed into law bill HB142, a compromise replacement bill for HB2 transgender bathroom law. Under the new law, transgender people are free to use the bathroom of their choice, but they also lack any recourse should any person, business or state entity eject them [R1.7].

On 23 August 2016, legal opinion was reported to the effect that the Federal preliminary injunction in the State of Texas et al., v. United States of America does not displace the 4th US Circuit Court of Appeals in Richmond, whose 19 April 2016 decision supporting a transgender student’s bathroom choice in Virginia sets a precedent for the Carolinas as well [R1.6].

On 09 May 2016, the US Justice Department and North Carolina’s Republican governor, Pat McCrory, and the state’s secretary of public safety commenced proceedings against each other in different Federal Courts on the legality or otherwise of HB2, the controversial so-called bathroom law [R1.5].

On 04 May 2016, in a letter to Gov. Pat McCrory, the US Justice Department said federal officials view the state HB2 law as violating federal Civil Rights Act protections barring workplace discrimination based on sex. Provisions of the state law directed at transgender state employees violate their anti-discrimination protections and can’t be enforced [D1.4], [R1.3].

On 23 March 2016, the House of Representatives passed House Bill 2 in an 83-24 vote and the Senate passed the Bill 32-0 (the Democrat senators walking out of the chamber in protest). House Bill 2 rescinds all local LGBT-inclusive nondiscrimination policies throughout the state. The governor promptly signed the Bill into law that comes into effect 01 April [R1.2].

On 01 January 2010, changes to the Hospital Patient’s Bill of Rights came into effect, prohibiting discrimination on the basis of gender identity [R1.1].

On 22 February 2016, the Charlotte City Council voted 7-4 to add sexual orientation, gender identity and marital status as attributes protected from discrimination when it comes to public accommodations including restaurants, retail stores and other businesses, effective 01 April, however the State legislature may overrule the city [R2.1].

See: 1. State above at [R1.2].

On 30 October 2018, US District Judge Thomas D Schroeder found that House Bill 142, the 2017 law that replaced North Carolina’s notorious anti-LGBT measure, House Bill 2, does not bar transgender people from using public restrooms and other facilities that match their gender identity, holding that H.B. 142 partially returned North Carolina to the pre-H.B. 2 ”status quo” by repealing language that restricted restroom access for transgender people, writing ”Nothing in the language of Section 2 [of H.B. 142] can be construed to prevent transgender individuals from using the restrooms that align with their gender identity” [C3.9], [R3.8].

On 04 August 2017, US Equal Employment Opportunity Commission Deputy Director Thomas M Colclough found evidence that Charlene Bost faced discrimination and a retaliatory hostile work environment in her position as a cashier supervisor at Sam’s Club (a subsidiary of Walmart) from 2013 through her firing in 2015 in violation of Title VII of the Civil Rights Act of 1964 [C3.7], [R3.6].

On 26 August 2016, US District Judge Thomas D Schroeder granted in part an application for a preliminary injunction preventing enforcement of Part 1 of HB2 (Public Facilities Privacy & Security Act, 2016) against the plaintiffs until further order. HB2 requires people in schools, universities and other government facilities to use bathrooms matching the gender on their birth certificates [C3.5], [R3.4].

On 23 August 2016, legal opinion was reported to the effect that the Federal preliminary injunction in the State of Texas et al., v. United States of America does not displace the 4th US Circuit Court of Appeals in Richmond, whose 19 April 2016 decision supporting a transgender student’s bathroom choice in Virginia sets a precedent for the Carolinas as well [R1.6].

On 09 May 2016, the US Justice Department and North Carolina’s Republican governor, Pat McCrory, and the state’s secretary of public safety commenced proceedings against each other in different Federal Courts on the legality or otherwise of the controversial HB2 law [R1.5].

On 14 November 2012 and 10 February 2014 respectively, before the Superior Court in the Counties of Wake and Durham, Síle Kelleher and Hadassah Chayim obtained orders enabling them to change their names from Michael Damian Kelleher and David Gravri’el Hobbs, the Court finding in both cases that denying the name changes would cast doubt on the constitutionality of N.C.G.S. § 101-6 [C3.3], [C3.2], [R3.1].

North Carolina General Statutes, Chapter 14 Criminal Law, Article 26 Offenses against public morality and decency [L1.2].

§ 14-177. Crime against nature

If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon [L1.2].

See 2. Courts & Tribunals below.

In August 2003, it was reported that Police and sheriff’s deputies are still enforcing North Carolina’s crime against nature law despite a US Supreme Court decision [R1.1].

On 26 June 2003, the US Supreme Court ruled in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy, nullifying or invalidating the North Carolina law [C2.1], [R2.1].

North Carolina General Statutes, Chapter 51 Marriage, Article 1 General Provisions [L1.11].

§ 51-1.2. Marriages between persons of the same gender not valid.

Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.

See now 3. Courts & Tribunals below.

On 11 June 2015, the State House overrode Governor Pat McCrory’s veto of Senate Bill 2 that is now law, allowing magistrates to opt out of performing same-sex, or even interracial or interfaith, marriages [R1.10].

On 01 June 2014, the Senate overrode 32-16 the veto of Governor Pat McCrory to Senate Bill 2, that would allow magistrates and registers of deeds to opt out of performing civil marriage services and ceremonies for same-gender couples. The bill passed the House 67-43 on 28 May with McCrory vetoing it later that day. The House has not yet held a similar vote [L1.9], [R1.8].

On 28 July 2014, North Carolina Attorney General Roy Cooper said the US Court of Appeals for the Fourth Circuit ruling the Virigina case of Bostic v. Schaeffer made it highly likely North Carolina’s same-sex marriage ban will be overturned and accordingly, it will no longer be defended [R1.7].

On 08 May 2012,, voters approved Amendment One 61% to 39% to the constitution making same-sex marriage (already unlawful) and now also making civil unions and domestic partnerships for gay or straight couples unlawful [R1.6].

On 30 March 2012, it was reported that a poll conducted by Public Policy Polling between March 23rd and 25th suggested that the Amendment One vote on 08 May may approve the proposed constitutional ban on same-sex marriage [R1.5].

On 13 September 2011, State senators voted 30–to–16 to put a same-sex marriage constitutional ban on the State’s May 2012 primary election ballot, following their colleagues in the House who took the same action Monday in a 75–to–42 vote [R1.4].

Previously:

On 06 April 2011, an anti-gay constitutional amendment that could strip away marriage rights for same-sex couples was filed in the North Carolina House of Representatives. The House version reads “Marriage is the union of one man and one woman at one time. No other relationship shall be recognized as a valid marriage by the State”. Both the Senate and House versions of the amendment would place the amendment on next year’s November ballot [R1.3].

On 22 February 2011, Gaston County Sen. James Forrester filed his anti-LGBT constitutional amendment to ban any recognition of any “domestic legal union” other than a marriage between an opposite-sex couple, and for the question to be placed on the November 2012 ballot [R1.2].

In 1997, on the second attempt, the General Assembly passed the Defence of Marriage Act saying marriage can only exist between a man and a woman [L1.1], [R1.1].

On 28 August 2014, Winston-Salem reportedly advised that the city would recognise marriage licenses from any state or US jurisdiction for employee benefits, setting up an enrollment period that ends 31 October for all qualified employees [R2.1].

On 09 February 2018, the ruling of Administrative Law Judge Michael J Devine that the State of North Carolina violated federal law when it forced Magistrate Sandra G Myrick to resign, because of her religious beliefs about marriage prevented her from personally performing same-sex wedding ceremonies, reportedly became final. Under a settlement agreement Myrick will receive $210,000 in damages and $115,000 in attorneys fees [C3.24], [R3.23].

On 28 June 2017, in the US Court of Appeals for the Fourth Circuit Judge James Harvie Wilkinson III, writing for the Court, determined plaintiffs in the lawsuit Kay Ansley v. Marion Warren (three couples who assert the law allowing state magistrates to opt out of performing same-sex marriages for religious reasons amounts to spending public funds in the aid of religion) have no standing to press a claim against Senate Bill 2 [C3.22], [R3.21].

On 10 May 2015, the US Court of Appeals for the Fourth Circuit heard arguments, in Kay Ansley v. Marion Warren No. 16-2082, challenging Senate Bill 2 that allows government officials to refuse to perform same-sex marriages [R3.20].

On 20 September 2016, US District Judge Max O Cogburn dismissed the complaint of Kay Diane Ansley, her partner and two other couples, challenging Senate Bill 2 that allows government officials to refuse to perform same-sex marriages if they cite religious objections, ruling they lacked legal standing to sue and lacked evidence showing they were harmed directly by the law that took effect in June 2015 [C3.19], [R3.18].

On 20 September 2016, Judge George B Collins Jr in the General Court of Justice Superior Court Division ruled that former magistrates Gilbert Breedlove and Thomas Holland lacked standing for their lawsuit because local judges have power to appoint, suspend or fire them – not state officials who sent the state guidance memo that they could lose their jobs if they refused to perform gay marriages [C3.17], [R3.16].

On 20 September 2016, the State Court of Appeals rejected the claim of Gilbert Breedlove and Thomas Holland that their rights were violated by state guidance that they could lose their jobs if they refused to perform gay marriages, ruling that they lacked standing for their lawsuit because local judges have power to appoint, suspend or fire them – not state officials who sent the memo [C3.15], [R3.14].

On 09 December 2015, a lawsuit was filed on behalf of three same-sex couples, including Kay Diane Ansley and Catherine “Cathy” McGaughey, challenging North Carolina’s law allowing officials to refuse to perform gay marriages based on their religious beliefs [R3.13].

On 06 November 2014, a Notice of Appeal to the US Court of Appeals for the Fourth Circuit in the case of Gerber v. Cooper was filed in the District Court on behalf of Senate Leader Phil Berger and House Speaker Thom Tillis after state Attorney General Roy Cooper declared all potential legal defenses were exhausted [C3.12], [R3.11].

On 10 October 2014, U.S. District Judge Max O. Cogburn, Jr. in the US District Court found that “any source of state law that operates to deny same-sex couples the right to marry in the State or prohibits recognition of same-sex marriages lawfully solemnized in other States, Territories, or a District of the United States, or threatens clergy or other officiants who solemnize the union of same-sex couples with civil or criminal penalties, are UNCONSTITUTIONAL as they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution” [C3.10], [R3.9].

On 08 October 2014, Chief US District Court Judge William L. Osteen, Jr. issued a late afternoon order lifting his earlier stays and dismissing all motions in two cases challenging the state’s ban on same-sex marriages after the office of North Carolina Attorney General Roy Cooper filed documents with the court essentially dropping all further defense of the 2012 ban approved by voters [R3.8].

On 06 October 2014, the US Court of Appeals for the Fourth Circuit issued its mandate in the Virginia case of Bostic v. McQuigg allowing same-sex marriages to proceed this day. The decision in this Virginia case, entered 28 July 2014, may also affect same-sex marriage cases in North Carolina, South Carolina and West Virginia [C3.7], [R3.6].

On 02 June 2014, US Magistrate Judge Joi Elizabeth Peake granted the state’s motion to stay the Gerber v. Berlin and Fisher-Borne v. Smith cases pending resolution of the Harris Class Action by the 4th circuit [C3.5], [R3.4].

On 09 April 2014, three married lesbian couples filed a complaint in the US District Court for the Middle District of North Carolina challenging North Carolina’s ban on gay marriage. One partner in each of the couples is suffering from an urgent medical condition [C3.3], [R3.2].

On 12 July 2013, the North Carolina Attorney General’s Office announced that it would not oppose allowing six same-sex couples and their children to amend a 2012 lawsuit challenging the state’s ban on second parent adoptions to include additional claims challenging the state’s ban on marriage for same-sex couples [R3.1].

See: Parenting – Courts & Tribunals below at [C1.4], [R1.3].

On 16 November 2016, the case of Melissa and Meredith Weiss v. Rick Brajer and Catherine Ryan No. 5:2015cv00656 was reportedly settled, the state of North Carolina agreeing to amend the birth certificates naming both as parents of their sons conceived by Melissa via in vitro fertilization. The settlement of the case means that married North Carolina same-sex couples with children born after they got married should be able to obtain accurate birth certificates for their children listing both their names [C1.6], [R1.5].

On 13 June 2012, the ACLU filed a lawsuit on behalf of six same-sex couples, challenging the state’s ban on second-parent adoptions for gay families, saying it violates their constitutional rights and is discriminatory [C1.4], [R1.3].

On 20 December 2010, the Supreme Court ruled 5–2 that the adoption of Melissa Jarrell’s son by her (now former) domestic partner state Senator Julia Boseman, was invalid because a Durham County District Court judge waived a requirement five years ago that Jarrell had to give up her parental rights in the process. The majority of justices let stand another lower court ruling allowing the two to have joint custody of the child, saying it would be in Jacob’s best interest for the women, who have been sharing parental responsibilities, to rear him [C1.2], [R1.1].

Currently, NC law does not allow for same sex dating partners who have never been household members and who are not or have not been married to each other to file for a Domestic Violence Protective Order (DVPO, sometimes commonly referred to as a ”restraining order” or a ”50B order”). If you are a victim of domestic violence in a same-sex dating relationship and don’t qualify for a DVPO, you may be able to file for a different type of restraining order called a ”Civil No-Contact Order” or a ”50C” [R1.4].

On 28 February 2013, the legislature ratified HB 19, expanding disorderly conduct provisions in response to groups such as the Westboro Baptist Church, which has often created disturbances at military funerals to promote an anti-gay message. The Governor was presented with legislation 01 March [L1.3], [R1.2].

On 22 June 2009, the House passed legislation stating that a child should not be discriminated against or harassed on the grounds of their real or perceived sexual orientation [R1.1].

On 07 January 2019, the State filed an amicus curiae brief in support of M.E. challenging as unconstitutional the protective order statute that explicitly denies the right to some victims, if they are abused by an intimate partner of the same sex, to seek a protective order from a court as unconstitutional [C2.3]

On 31 May 2018, a Wake County woman, identified only by her initials M.E. in court filings, asked Judge Margaret Eagles for a protective order against her ex-girlfriend. The judge denied her request. When the woman tried again before Judge Anna Worley on 07 June, she was again denied. She then took her case to the N.C. Court of Appeals, arguing that she was denied equal treatment under the law [C2.2], [R2.1].