Tomorrow, a shameful amendment will be voted on by the state of North Carolina–and will likely pass according to all the latest polls. This amendment effectively alters the state’s constitution and will not only make it illegal for same-sex couples to be recognized in the state of North Carolina, but due to the wording of the legislation, will also ban any other type of “domestic legal partnerships” such civil unions and domestic partnerships.
This is the official language on the ballot:
“Constitutional amendment to provide that marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.”
I have friends at UNC who have been doing some amazing work to protest this amendment. But the fact is, that while universities like UNC and Duke tend to be socially liberal, the majority of the state is full of voters with religious and conservative beliefs that make them support laws like this.
Proponents of the amendment point to states like New York and Connecticut, where same-sex marriage is legal and argue that if those couples then moved to North Carolina expecting certain legal rights, complicated issues would arise. By banning same-sex couples, they no longer have to deal with such hypothetical issues. As Representative Paul Starn said, “They’re going to bring with them their same-sex marriages. They’re going to want to get divorced” and have custody issues decided, he said. “We’re not equipped to handle that.”
Supporters also say that because this issue is so sensitive, it should be decided by the voters themselves, not by a handful of legislators.
Tami Fitzgerald, executive director of N.C. Values Coalition, argues that a popular vote on the amendment is the “right thing to do” and it is more democratic when it allows everybody to vote. Fitzgerald adds, “The people of North Carolina want to determine for themselves how they want to define marriage. They don’t want activist judges doing it for them.”
In fact, this is entirely misguided and incorrect. It is no wonder the NAACP is so involved in this issue and opposed to this amendment. You don’t leave minority rights up to majority vote. Schools were not de-segregated because of a popular vote. Constitutionally enshrined protections are supposed to be immune to this type of thing. These people will receive different benefits and privileges because others voted that to be OK. Think about the implications and the precedents this sets for our country.
Barack Obama and Bill Clinton have come out against the amendment.
—Obama’s statement said, “While the president does not weigh in on every single ballot measure in every state, the record is clear that the President has long opposed divisive and discriminatory efforts to deny rights and benefits to same sex couples.”
—Clinton argued, “The real effect of the law will be to hurt families and drive away jobs.”
People are insisting that this ban will hurt businesses. Many people will no longer be able to receive the work benefits from the state that they once were able to, so it might dissuade people from working there. They also believe it will hurt all sorts of families, including heterosexual couples, by threatening insurance and benefits for unmarried couples and their children.
A high number of voters are expected to vote tomorrow because this issue invokes faith and religion, two historically major motivations in voter turnout. There have been 30 marriage amendments already in place in the United States, and only one, in Arizona has been defeated. However, that was in 2006, and then in 2008 it was reworded and passed.
This is increasing evidence of a growing polarization and ideological divide in our country as more and more nationally report support for same-sex marriage. In 2001, Americans opposed same-sex marriage by a margin of 57 percent to 35 percent. Today, 47 percent are in favor and 43 percent opposed, according to a new Pew Research poll.
The best thing at this point we can hope for is for enough people to become educated on this issue, and then work together to strongly oppose it. We should not allow for such important issues like human rights and freedoms to be left up to a popular vote.