September 12th, 2011
08:42 PM ET

N.C. House votes to put constitutional same-sex marriage ban on ballot

[Updated at 8:42 p.m. ET] The North Carolina House voted Monday to put on the 2012 ballot a constitutional amendment that would ban same-sex marriage in the state, a spokesman for the House speaker said.

The bill, which the House approved 76-41, now goes to the Senate. Three-fifths of the House's 120 members - 72 - were required for the bill to pass.

If the measure passes in the entire Legislature and is approved by voters during the primary in May, North Carolina would become the final state in the Southeast to add a constitutional amendment regarding same-sex marriage.

"This amendment pushes the power away from us and pushes the decision to the people of North Carolina," state Rep. Dale Folwell, a Republican from Winston-Salem and the speaker pro tem, said.

Proponents of the measure said they felt it was important that the amendment be added so that it would protect the state's policy on gay marriage. North Carolina currently has a ban on same-sex marriage, but legislators are seeking to protect that ban by chiseling it into their constitution.

The bill came to the House floor Monday after a House committee passed it by a voice vote earlier in the day. Many Democrats who opposed the measure argued that Republicans, who are in the majority in the Legislature for the first time in 140 years, were trying to push the amendment through quickly without allowing for a real debate or public comment. Republicans argued that the content of the proposed amendment has long been known, even if the specific wording was not.

During debate on the House floor, Rep. Susan Fisher, a Democrat from Asheville, questioned why legislators were asking for such swift movement on the issue.

"I think it's somewhat ironic that we would be asked to debate or have this bill in front of us for immediate consideration," she said. "I don't think you ever consider an amendment to the state constitution immediately, yet here we are."

Jordan Shaw, communications director for North Carolina House Speaker Thom Tillis, told CNN that he did not believe there was a requirement to have a public debate on the issue.

"But I would point out the very nature of this measure would be for the people to vote on it," he said. "It is hard to have a more democratic process than to put it up to the voters."

The amendment would add the following language to the constitution:

"Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this state. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."

Fisher argued that regardless of the semantics and arguments about the proposed amendment, she felt there were large problems with it overall.

"What happens with this amendment is once again we seek to marginalize a group of individuals who only want equality and the same basic rights afforded to every citizen of this state," she said.

She questioned why some legislators insist on repeating what she described as bad lessons from their state's history.

"I remember a recent session where we went to great lengths, and necessary ones I believe, to issue an apology to African-American citizens for injustices," she said. "What I think is about to happen here is another instance where in the not-too- distant future we will be apologizing again for unfair and harmful discriminatory practices."

Fisher urged her colleagues to make North Carolina "the first of the Southern states to appropriately say, 'No this goes too far."

"Show the compassion and the ability to listen that was asked of us earlier today in our opening prayer and say no to this horrible step backward for North Carolina," she said.

Folwell, the speaker pro tem, argued the push for the bill was not about politics or opinions but about the power of the people.

"We're asking something currently in the statute book and allowing (North Carolina voters) to put it in (the state's constitution)."

Folwell argued that the amendment is not about defining relationships or even discussing what qualifies as a relationship.

"This vote today is about the relationship you have with the people who put you here," he said.

Folwell said the vote comes down to simply allowing the people to have control of their own constitution.

"Today, history is going to talk about the strength, the strength of this chamber, to realize that some decisions are simply bigger than we are and they belong to the people of North Carolina," he said.

After the measure passed a House committee earlier Monday, Democrats argued Republicans were sneakily trying to ram the bill through the Legislature.

North Carolina Rep. Joe Hackney, a Democrat, said he only received a copy of the bill right before the committee meeting. The bill has words that "carry great meaning," he said, yet there has been no debate or opportunity for public comment.

"This is no way to conduct constitutional business for the state of North Carolina," he said, saying such a serious issue deserved a fair hearing.

"It is not worthy of this Legislature," he said of the bill in its current form.

House Majority Leader Rep. Paul Stam, a Republican, told committee members he felt it was imperative they move to adopt the amendment.

"Things have changed in Iowa, California, New York, D.C. and Massachusetts," Stam said. "We have now states with significant populations that are allowing same-sex marriages to be legitimized and entered into. The question then becomes, what happens when they come to North Carolina seeking divorce or equitable distribution?"

North Carolina Rep. Paul Luebke, a Democrat, said while he understood that Republicans want to move on the issue, he felt it was "reprehensible," given such a high level of public interest, that the public would not have the chance to comment.

"Whether you (are) for this amendment or against it, it is a travesty we are not debating the measure" properly, Luebke said.

Luebke added that by pushing the proposed amendment along without the right process, the Legislature was wrongly moving to "specifically prohibit one group of citizens" without letting them have a say.

Calling it a step backward for the state, Luebke said if nothing else, debate should be considered because of the impact the move could have on the economy. He referred to major corporations that were founded by people from North Carolina who opposed the bill, including Facebook co-founder Chris Hughes, who wrote an open letter about his concerns regarding the bill.

WRAL: How we found out about N.C. bill debate

"People from these companies do not understand discrimination against gay and lesbian people," he said. "They would look at North Carolina and say, 'Why is North Carolina going down this direction?' "

"I think this a terrible mistake," he added.

Folwell said the amendment would have "zero impact on private employees and whether they choose to offer same-sex benefits to their employees."

CNN's Joe Sutton contributed to this report.

soundoff (756 Responses)
  1. Guester

    You'd think they'd having something more important to work on.

    September 12, 2011 at 3:58 pm | Report abuse |
  2. fight for your right

    We don't allow a majority to vote on the rights of a minority. That's why they are civil rights and not privileges. This vote is bigoted and wrong.

    September 12, 2011 at 3:58 pm | Report abuse |
    • David M

      Even though voters in states that have voted on such an amendment have voted against it. So either they agree with you, or they are bigots.

      September 12, 2011 at 4:03 pm | Report abuse |
  3. Jim

    The public will have a great opportunity to discuss the issue when it comes up for a vote.

    September 12, 2011 at 3:58 pm | Report abuse |
  4. Seriously

    Attention NC residents: Just remember this the next time you are sitting around wondering why you or a family member don't have a job, why we have a terrible healthcare system, sub-standard schools/schooling, roads that are possibly falling apart, an economy in the dirt, etc. You start wondering... "What is my government doing about this?" And then you realize... They are too concerned about discriminating against people and tossing human/civil rights out the door. Oh and while you are at it, why not let the soldiers and veterans know that they are out risking/losing their lives for nothing because Freedom means nothing here anymore. Separation of church and state? Does that mean anything either?

    September 12, 2011 at 3:58 pm | Report abuse |
  5. brandon

    It's funny how Repubs and Tea partiers forget about all the survivors of 9/11. Now they don't care of they can feed themselves or whether they have health insurance or not.

    September 12, 2011 at 3:58 pm | Report abuse |
    • Bobs your uncle

      I didnt notice they mentioned Tea party, 911 or anything else you just said in this article. Did we read the same thing?

      September 12, 2011 at 4:04 pm | Report abuse |
    • Hound

      Exactly...They probably have bigger fish to fry rather than focusing on limiting a certain group the right to marry. Is this really a priority for N.C.?

      September 12, 2011 at 4:10 pm | Report abuse |
  6. cowboysblowgoats

    Oh no, we can't let gays marry. The world will come to an end. It will cause half of all marriages to end in divorce.

    Oh, wait.

    September 12, 2011 at 3:59 pm | Report abuse |
  7. gypsymoth21

    Why is everyone picking on North Carolina. I believe there are actually 44 out of 50 states which ban gay marriage - 35 of which have constutional amendments.

    September 12, 2011 at 3:59 pm | Report abuse |
  8. Treye

    North Carolina headquartered Bank of America announces layoffs of 30 thous...Breaking News from NC! Legislature to vote on gay marriage ban!!

    September 12, 2011 at 3:59 pm | Report abuse |
  9. David M

    "They argued that Republicans, who are in the majority in the legislature for the first time in 140 years, were trying to push the amendment through quickly without allowing for a real debate or public comment." Right. Because we know the Democrats would NEVER do such a thing! Spare me.....

    September 12, 2011 at 4:00 pm | Report abuse |
    • Juan H

      Because straight people are responsible for the most horrendous crimes against humanity, but hey...they know what's right and wrong! Hypocrites.

      September 12, 2011 at 4:06 pm | Report abuse |
    • Scott

      You are correct, David. Democrats wouldn't do the same. In fact, Democrats tend to sink their own ship trying everything humanly possible to get Republicans to work side by side with them. Unfortunately, this never works. Republicans will always vote against their own ideas, if proposed or sponsored by a person of color or a Democrat. It's not about the budget or the manufacutured debt. It's not about jobs or the preservation of marriage. It is about re-election and personal wealth. Both parties are too blame, but Conservatives are the ones pushing the laws through that limit freedoms.

      September 12, 2011 at 4:12 pm | Report abuse |
  10. Juan H

    I don't understand these states that want to ban gay marriage. In none of the states or countries around the world, has it been proven that gay marriage has caused society to collapse.

    Makes no sense.

    September 12, 2011 at 4:00 pm | Report abuse |
    • ashley

      HUH?!!?! For today, look at CA.. for history (which tends to repeat itself) check sodom and ghommorah

      September 12, 2011 at 9:42 pm | Report abuse |
  11. Homer

    In NC we have more gays and lesbians than any state east of the Mississippi-it is only proper that you let us marry!!

    September 12, 2011 at 4:01 pm | Report abuse |
  12. curzen

    I'd have preferred if they did the honest and honorable thing by in turn also having a vote on allowing gay marriage on the ballot.

    September 12, 2011 at 4:03 pm | Report abuse |
  13. mettle69

    Shut down North Carolina. Vote with your tourism dollars. Do not support their sports teams. Hit them in their wallets, and they'll think twice about this hate legislation.

    September 12, 2011 at 4:03 pm | Report abuse |
    • gypsymoth21

      Will you also be boycotting the other 44 states which do not allow gay marriage - 35 of which have consitutional amendments?

      September 12, 2011 at 4:15 pm | Report abuse |
    • mettle69

      Yes. But we'll start with North Carolina.

      September 12, 2011 at 4:45 pm | Report abuse |
    • Rev. Dr. Ben Cable

      JW – If we look at Gay and Lesbian business from another perspective; gay and lesbians attract tourists, book hotel rooms, banquet halls and churches. There is no need for a boycott. The people that say they are seriously are looking for local or state revenue may not have their glasses on or may be pandering to special interests. Not all Christians want to pay the Tea Party Taxation on America. Sad to say but the Gay and Lesbian community is ignored and underserved by society and at the same time not exploited enough for economics.

      September 12, 2011 at 8:52 pm | Report abuse |
  14. blah9999

    I'm sorry. But I thought this was 'merica. Land of the free.

    September 12, 2011 at 4:03 pm | Report abuse |
  15. huxley

    Another job creation bill from the Republican Party, I see. They really know how to focus on whats important.

    September 12, 2011 at 4:03 pm | Report abuse |
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