Despite Governor's Say, North Carolina Will Let Officials Refuse to Perform Gay Marriages

In a matter of minutes, the state House on Thursday morning overrode the governor's veto of the same-sex marriage bill that allows magistrates to opt out of performing marriages.

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By Craig Jarvis and Colin Campbell

In a matter of minutes, the state House on Thursday morning overrode the governor's veto of the same-sex marriage bill that allows magistrates to opt out of performing marriages.

The Senate overrode the veto earlier this month, and now it is law. As a result, magistrates and employees of registers of deeds can make themselves exempt from performing marriage duties if they cite a religious objection. County offices in North Carolina must have established hours for performing weddings, as well.

The bill is a legislative response to federal court rulings that have allowed same-sex marriages in North Carolina.

It is the second veto override this session. Previously, the General Assembly overrode Gov. Pat McCrory's veto of an employee workplace bill.

McCrory expressed disappointment in a statement, saying he stood up for "conservative principles" in acting to stop Senate Bill 2 from becoming law.

"It's a disappointing day for the rule of law and the process of passing legislation in North Carolina," the governor said.

The override vote in the House had been on hold while Republican leaders made sure they had enough votes. A three-fifths majority of those present and voting is necessary to override a veto.

The GOP used a legislative procedure to prevent debate on the House floor, giving only House Democratic Leader Larry Hall three minutes to argue.

Hall said the bill, and the way it was handled, were wrong and the veto should be upheld.

"Not just because this is the wrong way to do this, but because we owe more to the citizens of North Carolina," Hall said.

The vote included 110 of the 120 House members, meaning 66 votes were needed to override the governor's veto.

The vote was 69-41.

A News & Observer analysis of the 10 lawmakers who were absent indicates the override still would have passed if all voted as expected.

Moments after the vote, freshman Rep. Cecil Brockman, a Greensboro Democrat, rose and began to speak: "I want to apologize to all our gay and lesbian couples in North Carolina..."

House Speaker Tim Moore immediately gaveled him out of order and did not allow him to continue.

Speaking to reporters after the vote, Moore said there was little reason for a long debate.

"At this stage of the game, folks know how they're going to vote," the speaker said.

In a statement, Moore said the vote "solidifies" the religious exemption for magistrates.

"The General Assembly has reaffirmed that SB-2 protects sincerely held religious beliefs while also ensuring that magistrates are available in all jurisdictions to perform lawful marriages," Moore said.

Earlier this month, the Senate voted 32-16 to override the veto. The bill was sponsored by Senate leader Phil Berger.

Senate Bill 2 would allow magistrates to be exempt from performing weddings and register of deeds employees to decline to issue marriage licenses if they have a religious objection. In his veto, McCrory said no public officials should be allowed to avoid upholding aspects of the law.

Berger, a Republican from Eden had said the legislation was an attempt to balance "reasonable accommodations" for public employees' religious beliefs, without discriminating against anyone.

The bill requires that workers seeking the exemption cannot perform any type of wedding for at least a six-month period.

On Twitter, Berger thanked the House for overriding the veto.

"Thank you to House members for voting their conscience, making SB2 law," Berger tweeted. "Facts on SB2: protects first amendment religious freedom, preserves ability to marry granted under law."

Advocates and others across the political spectrum immediately began to react.

The N.C. Values Coalition, which had lobbied for the bill and the veto override, took aim at McCrory, a Republican.

"It's hard to believe that any governor -- much less a conservative one -- would veto a bill protecting the religious freedoms of his constituents," executive director Tami Fitzgerald said. "The House and the Senate made the right call in overriding Governor McCrory's ill-advised veto and we are grateful for their continued leadership in fighting to preserve this fundamental American freedom."

The ACLU said the law will allow "sworn government officials to deny marriage services to legally eligible couples if the officials cite a deeply held religious objection."

"This is a sad day for North Carolina that history will not judge kindly," said Sarah Preston, acting executive director of the ACLU of North Carolina. "Just eight months after our state extended the freedom to marry to same-sex couples, extremist lawmakers have passed discrimination into law, allowing government officials to deny marriage services to virtually any couple. This shameful backlash against equality will make it harder for all couples in our state to marry and force many to spend what is supposed to be a happy day trapped in a maze of government offices. We encourage any North Carolina couples who encounter new hurdles because of this discriminatory law to contact our office."

Democrats gathered after the vote and expressed concern.

Hall told reporters that lawsuits will certainly follow: over both the way the bill was handled and when the first magistrate files notice to opt out of performing marriages. Hall said individuals, such as same-sex couples who want to get married, and special-interest groups will have legal standing to sue.

Hall also said House rules require a 48-hour notice before a veto override vote is taken, and that he believed Thursday's vote violated that rule.

Rep. Paul Luebke, a Durham Democrat, said his fears were broader, expressing concern about a possible impact on the state's reputation and ability to attract jobs.

"Global corporations go where they want to go in the United States," Luebke said. "We've sent a message that we're in favor of inequality and that we are not a tolerant state."

Republicans focused mostly on the protections for magistrates the law now offers.

The majority leader in the House, Mike Hager, said the override "stands for religious freedom."

"It does not discriminate against anyone for any reason," Hager said. "It simply gives protection to our magistrates and registers of deeds so that they are not forced to perform an act that they have a sincere religious objection to."

Sen. Ronald Rabin, a Republican whose district includes Harnett and Lee counties and part of Johnston County, summed that view up on Twitter.

"Today," Rabin wrote, "is a win for anyone who supports religious freedom."

(c)2015 The News & Observer (Raleigh, N.C.)

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Caroline Cournoyer is GOVERNING's senior web editor.
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