ACLU to File Suit to Overturn North Carolina’s Gay Marriage Ban

In addition to action in Pennsylvania, Virginia, and Illinois today, the ACLU and the ACLU of North Carolina Legal Foundation (ACLU-NCLF) announced plans to take on North Carolina's same-sex marriage ban:

FisherborneThe ACLU is asking North Carolina Attorney General Roy Cooper to agree to allow an additional claim challenging the state’s ban on marriage for same-sex couples to be added to Fisher-Borne v. Smith, a lawsuit filed last year in Greensboro in the U.S. District Court for the Middle District of North Carolina that challenges the state’s ban on second parent adoption, a process by which one partner in an unmarried gay or straight couple adopts the other partner’s biological or adoptive child. If the Attorney General’s office does not agree to the addition of the new claim, the ACLU will petition the court to allow the claim to be added.

Marcie and Chantelle Fisher-Borne (pictured), one of the couples in the case, have been together for 16 years and live in Durham. Each woman carried one of their two children — a 5-year-old girl and a 1-year-old boy. They had a wedding in North Carolina 10 years ago and were legally married in Washington, D.C. in 2011, but their marriage is not recognized by North Carolina law. When their daughter was born, the couple met resistance from a hospital staff member who demanded their legal paperwork. If they were legally married in North Carolina, their family would be respected and such encounters could be avoided.

More information on the families in the Fisher-Borne v. Smith case can be found here.


  1. Incognito? says

    This is what should be expected from the ACLU!! The Courts are where the battles need to be won. Not by popular vote. Kudos ACLU for recognising this!! I can understand that a win (regardless of how it’s won) may seem a triumph, but we would be underselling ourselves. Equal rights are rights, not something to be bargained!! End Rant.

  2. millerbeach says

    What about Indiana, where it is a FELONY to even try to get married, even filling out an application is an act of felony…not to mention that nasty insertion of the Indiana Constitution, forbidding gay marriage, back in 1997. Hey, why don’t they just use Adolph Hitler’s Paragraph 185? Why would any business continue to do business in such a homophobic state? Hiel, Indiana!

  3. MDNC says

    DJ, sure you voted on it. If that was the basis for all important social change in this Country you’d still have slave quarters in your backyard. Civil rights is not a popularity contest.

    The Mayberry Taliban here in NC is about to get a good asswhipping in the courts. As for the folks in Indiana should just hang ther heads in shame for that ignorant fiasco. I hope it costs them a ton of Indiana taxpayer money in court judgements.

  4. says

    The people can pass all the laws they want but if they are unconstitutional – either on the federal or state level – then the vote is essentially is meaningless. Like it or not, that’s the way our country works.

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