Urge Federal Judge to Declare NC Ban on Same-Sex Marriage Unconstitutional

  • by: Susan V
  • recipient: Judge William L. Osteen, Jr.

Opponents of same-sex marriage wanted the United States Supreme Court to oppose five states that had recently ruled to allow it. But the high court decided not to interfere - thus allowing those rulings to stand.

This means that the constitutionality of North Carolina’s recent move to ban same-sex marriage with Amendment One is now under question.

In response to the Supreme’s surprising decline to review Virginia’s law allowing gay marriage, Duke University law professor Neil Siegel told the press he believes that federal judges in NC “are now legally obliged to declare Amendment One unconstitutional."

But that decision apparently rests with Judge William L. Osteen Jr. of Greensboro, who is the chief US justice of NC‘s middle district.

Osteen has already asked for briefs within 10 days on whether or not he should declare Amendment One unconstitutional.

Urge Osteen to rule in favor of the Constitution and against North Carolina’s ban on same-sex marriage.


We, the undersigned, say it is time for North Carolina to comply with the US Constitution and join other states that ruled to recognize same-sex marriage.


Now that the Supreme Court has decided not to challenge laws allowing gay marriage in Virginia,Utah, Oklahoma, Indiana and Wisconsin, West Virginia has conceded that it’s no longer defensible to support its ban and Colorado began immediately issuing same-sex marriage licenses.


Nevertheless, North and South Carolina and a few other states are holding out for a fight, leaving it up to federal district courts to strike down bans.


Many say lifting the bans in all states is imminent, so for North Carolina to continue to uphold it’s unconstitutional Amendment One would do nothing more than delay the inevitable, and at considerable costs.


We urge Judge Osteen to read the writing on the wall as West Virginia and other states have done and rule in favor of same-sex marriage in North Carolina - declare Amendment One unconstitutional!


Thanks for your time.

Update #19 years ago
SUCCESS! Amendment One was overturned by a Federal Judge (Cogburn) in Asheville on Oct. 10 moments after Osteen put off the decision. Although state legislators were granted the ability to challenge the decision, law experts say it "seems very unlikely to make any practical difference."
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