UPDATE: Anti-LGBT Constitutional Amendment FAQYou've got questions about the anti-LGBT constitutional amendment coming up in September 2011 and ENC has answers! Help us FIGHT THE AMENDMENT by educating yourself and others about this discriminatory legislation. What Can I do to Stop the Amendment?
About the Amendment
What does the Senate's anti-LGBT amendment say?
In February 2011, a Senate bill (Senate Bill 106) was filed that would amend the state constitution to include a new section
that reads "Marriage between a man and a woman is the only domestic
legal union that shall be valid or recognized in this State." Click here to see the full text on the legislature's website. What does the House's anti-LGBT amendment say?
In April 2011, a narrower House bill (House Bill 777) was introduced that would amend the state constitution to read “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." Click here to see the full text on the legislature's website. What would an anti-LGBT amendment do?
The proposed Senate language represents the most extreme version of an anti-gay amendment. In addition to limiting marriage to opposite sex couples, as state statute already does, it would prohibit any other form of relationship recognition, such as civil union or domestic partnership. This kind of language has been used in other states to take away private benefits such as health insurance for LGBT couples, unmarried opposite-sex couples, and their children. This is a not a hypothetical issue but a very real one. These amendments have also been used to challenge other private contracts between couples. The amendment would not only write the current discriminatory marriage law into the constitution, it would actually take away rights and responsibilities that are currently available to some couples. The House version is somewhat narrower, and would prohibit recognition of marriage for same-gender couples. Both versions effectively represent divisive, discriminatory and distracting legislation that would actively write discrimination into the state’s founding document by prohibiting some form of legal relationship recognition for gay and lesbian couples. Who sponsored the Senate's version of the anti-LGBT amendment?Primary: James Forrester; Jerry W. Tillman; Dan SoucekCo: Tom Apodaca; Harris Blake; Andrew C. Brock; Harry Brown; Warren Daniel; Jim Davis; Don East; Thom Goolsby; Rick Gunn; Kathy Harrington; Ralph Hise; Neal Hunt; Brent Jackson; Wesley Meredith; E. S. (Buck) Newton; Louis Pate; Jean Preston; David Rouzer; Bob Rucho; Tommy Tucker; (Click here to look up who your senator is if you don't know.) Who sponsored the House's version of the anti-LGBT amendment?
Primary: Lewis; R. Brown; Crawford; Hill; Co: Avila; Barnhart; Blackwell; Blust; Boles; Brawley; Brisson; L. Brown; Brubaker; Burr; Cleveland; Collins; Cook; Current; Dixon; Dockham; Dollar; Faircloth; Folwell; Frye; Gillespie; Guice; Hager; Hastings; Hilton; Hollo; Holloway; Horn; Howard; Hurley; Iler; Ingle; Johnson; Jones; Jordan; Justice; Killian; Langdon; LaRoque; McCormick; McElraft; McGee; Mills; Mobley; T. Moore; Pridgen; Randleman; Sager; Samuelson; Sanderson; Setzer; Shepard; Spear; Stam; Starnes; Steen; Stevens; Stone; Torbett; H. Warren; West; Wray;
What happens next?Now that both the House and Senate bills are assigned to committees, it is up to committee chairs to schedule them for hearings and votes (or to not schedule them at all). Typically, the chairs will announce that a bill will be heard in committee a few days prior to the actual committee meeting. During the hearing, legislators who belong to the committee can amend the bills and then vote whether to favorably report the bill out to the entire House or Senate chamber for a vote, or not. In some cases, legislators will take comments from the general public during the hearing on a bill. If a bill is reported out favorably from a committee, it will typically be voted on by the entire chamber on the next day the legislature is in session. If the first chamber passes the bill, it would then go through the same process in the other chamber. Currently these bills are scheduled for consideration during a special legislative session on constitutional amendments beginning September 12. Equality North Carolina is working to keep these bills from getting out of committee in September, and to line up the votes to defeat them if they do get to the floor for a vote. What is the process to amend the constitution?
A final bill must pass both the House and Senate by a 3/5ths margin (that's 30 of 50 votes in the Senate and 72 of 120 votes in the House). It would then be placed on the ballot in November 2012 where it would need a simple majority of voters to become part of the constitution. The governor does not have veto authority on constitutional amendments. What do we call it?
Call SB 106/HB 777 what they are: "the anti-LGBT amendment or "the anti-gay* amendment." It's not about "defending" anyone's marriage. It's an attack on LGBT North Carolinians. What are our key arguments against the amendment?
* We sometimes use "gay" in our public messaging when we mean LGBT (lesbian, gay, bisexual, and transgender) because not enough people know what LGBT means. We're starting with what's familiar to most North Carolinians so we reach as many folks as possible. Document Actions |
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