NC Politics: Vote "No" on Amendment One on Tuesday, May 8th!

     I'm sorry it's taken forever for me to post this piece. I've had to to an extensive amount of research and studying.  Tuesday is an important day in North Carolina.  It is the day when voter will vote on Amendment One.  The text of the Amendment are as followed:

"An Act to amend the constitution 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."

     This will be added under a new section (Section 6) under Article 14 of the North Carolina State Constitution.

Now, this amendment is not only wrong and redundant, it is not constitutional according to both the United States and North Carolina constitutions.  It should be noted that North Carolina already bans same-sex marriage (and yes, that is also unconstitutional but that's another blog piece).  I'll present reasons why Amendment One is unconstitutional - I'll present the issues with the North Carolina Constitution and then I'll move onto the United States Constitution.

North Carolina State Constitution:

* Article 1 - Section 1

     "We hold it to be self-evident that all persons are created equal...with certain inalienable rights...life, liberty, the enjoyment of fruits of their own labor, and the pursuit of happiness"
 
     So everyone is created equal...except woman who are not married (but who to live with someone they are not married to), children who will be denied coverage because their parents are not married or because they have a parent living with someone who is covered under someone else's insurance (again, but are not married), or those that are already in a civil union, how does that make sense?

* Article 1 - Section 19

     "No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State"

     So again, what if two people are joined in a domestic civil union?  What happens with their status? If this amendment passes, will their civil union become null and void?  How is that equal protection of the law? Those already in civil unions will be denied rights already granted to them and others that are married such as visitation, insurance, etc. Again, how is that equal under the law if their civil union is null and void?


I'm sure there are more areas of the North Carolina Constitution that would validate why Amendment One is a horrible piece of legislation, redundant, and just unconstitutional; however, I remembered I didn't go to law school (although I wish I had done so). Anyway, on to the United States Constitution.


United States Constitution:

* Preamble -

     "We the people of the United States, in Order to form a more perfect Union, establish justice...provide for the common defence promote general Welfare..."

     These three areas help protect women, children (as well as all citizens obviously), and allow citizens to help shape the nation as times change. Hence the "more perfect Union" part. Furthermore, those that have a civil union under the current justice system would be denied this if the amendment were to pass.

* Article 6 - Paragraph 2

      "This Constitution...shall be the supreme Law of the Land; and the judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."

     Supreme Law of the land...so federal trumps state??? (I know my legal friends are screaming the 10th amendment; HOWEVER, it does say that as well in the document. I read this to mean that even judges in other federal districts review and make rulings on other cases (for example, the 4th Circuit court would review a case ruled on by the 9th or 7th Circuit Courts to see if it has any bearing on their potential ruling...I could be wrong though - remember I didn't go to law school).

* Amendment 14 - Section 1

     "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

     Notice we have "Equal Protection of laws" again in the argument; however, this is at the federal level so it HAS to be upheld. To put it plainly, you can suspend a civil union's rights by passing a law that bans civil unions.


Again, I'm sure there are more areas of the United States Constitution that would validate why Amendment One is wrong and should not be passed.

If Amendment One were to pass, and I have already voted to ensure that it won't, it would be challenged in a court of law.  Even the Supreme Court would strike it down as unconstitutional.  There would be plenty of court cases for the United States Supreme Court to review and rule on the unconstitutionality of Amendment One.  Some of these cases are:

1. Loving v. Virginia (1967)
2. Lawrence v. Texas (2003)
3. Crawford v. Washington (2004)
4. Romers v. Evans (1996)*

* This court cases actually overturned a previous USSC ruling back in 1986. The 1986 Supreme Court Case was Bowers v. Hardwick. The main reason I saved this case for last - to list - is because it is strikingly similar to North Carolina (it was based in the state of Colorado).  I feel that this would be the main court case that would impact the Supreme Courts ruling regarding the unconstitutionality of Amendment One for North Carolina.

I strongly feel that this Amendment One is not justified and is unconstitutional. Furthermore, if we step back in history and words were added so that the proposed amendment would read, " An Act...to provide that marriage between one white man and one white woman is the only domestic legal union", then we would 1) have fought harder against it; 2) have had it struck down by the Loving v. Virginia Supreme Court Case of 1967; and, 3) have wondered why this piece of legislation is so discriminatory and a hindrance on progression for the United States of America.

To all voting citizens in North Carolina who read this; I urge you to vote "No" on Tuesday and vote against Amendment One.  It's not constitutional and it's not who we are as Americans.