NC religious-exemption gay marriage bill now law

RALEIGH – Some court officials will be allowed to refuse to perform gay marriage duties in North Carolina now if they cite a "sincerely held religious objection."

Senate Bill Two became law Thursday morning, with the state House voting to override the governor's veto of the bill.

The Senate had voted to do the same with Republican Gov. Pat McCrory's veto a week ago. Thursday's House vote was just over the three-fifths majority needed.

The law says court officials who disclose a "sincerely held religious objection" and recuse themselves for marriage responsibilities must stop performing all marriage duties for both gay and heterosexual couples for at least six months. The chief District Court judge or the county register of deeds — both elected officials — would fill in on marriages if needed.

"I think it strikes the right balance by protecting religious liberty and also not being discriminatory," said Republican representative Josh Dobson, R-McDowell, who voted in favor of the bill. "We needed to protect the will of the people of North Carolina."

Senate leader Phil Berger, R-Rockingham, introduced the bill shortly after rulings by federal judges last October that overturned North Carolina's constitutional ban on gay marriage approved by voters in 2012. Berger responded to several magistrates who resigned when the state's top court administrator wrote that magistrates who declined to officiate for same-sex couples could be punished, terminated or face potential criminal charges.

Before North Carolina, only Utah had passed such a similar exemption.

In a statement to the media, McCrory said he stands by his earlier position. While many North Carolina residents, McCrory included, believe marriage is between a man and a woman, public officials need to uphold their oath to serve, he said.

"It's a disappointing day for the rule of law and the process of passing legislation in North Carolina," the governor said. "I will continue to stand up for conservative principles that respect and obey the oath of office for public officials across our state and nation. While some people inside the beltline are focusing on symbolic issues, I remain focused on the issues that are going to have the greatest impact on the next generation, such as creating jobs, building roads, strengthening education and improving our quality of life."

While the Senate overturned McCrory's veto quickly, House Republicans put off a vote because some supporters of the original bill were absent. Others were on the fence about where they stood, according to Rep. David Lewis, R-Harnett, chairman of the powerful House Rules Committee.

"This veto override has been sitting on the speaker's desk for a week," said Rep. Brian Turner, D-Buncombe, who voted against the legislation. "I'm disappointed in the process. It was brought to the floor today. The debate was cut off. They waited until people weren't here. People took a walk on this vote and that's very disappointing.

"My responsibility as a representative to the state of North Carolina is to represent the people in my district. One of the biggest things I do is vote. When you walk out on a vote, you abdicate responsibility. To me that is not right."

Like Turner, most legislative Democrats aligned themselves with gay rights groups that said the bill created a new form of discrimination similar to biases of a generation ago against multiracial marriages. They also said the bill didn't prevent delays for gay couples getting married if a court official suddenly disclosed a religious objection when a couple approached the office counter of the magistrate or a register, particularly in smaller counties with small staffs.

"I support full equality under the law and I think that when we start to move away from that, that we are putting our state in jeopardy for success," Turner said. "I don't get to pick the residents of North Carolina who I represent. I represent everybody. I'm paid by the state. I took an oath. I represent everyone in my district."

Dobson, the Republican representative from McDowell County, maintains that the legislation is not discriminatory. He said the stipulation that officials must recuse themselves from both gay and heterosexual marriages keeps it from being biased. "We did have a mechanism in place where you couldn't pick and choose which marriages you can conduct and which marriage licenses you could issue," Dobson said. "You either have to recuse yourself completely or you have to do all of them."

The new law has confused and disappointed many LGBT couples across the state, said the Rev. Jasmine Beach-Ferrara, executive director of the Campaign for Southern Equality and a minister at United Church of Christ.

There are counties in Western North Carolina that have very small staffs with a limited number of magistrates and register of deeds office employees, she said. "We are getting questions about what implementation would look like. We want folks to know that they have the right to be served and if they are having issues with that, they should contact us or the ACLU of North Carolina."

The legislation stipulates that the chief District Court judge or the county register of deeds fill in if an official recuses themselves from the process.

"We hope public employees will take a clear stand on the side of equality and do their job and uphold their oath," Beach-Ferrara said. "It's incredibly disappointing to see Senate Bill 2 pass and become law. It's a law that truly discriminates and is at odds with religious freedom."

In Buncombe County, "same-sex couples will continue to be treated with dignity and respect," Register of Deeds Drew Reisinger has said.

How they voted

Here's how mountain representatives voted Thursday on the question of whether to override McCrory's veto allowing magistrates and deeds workers to opt out of performing marriages or issue marriage licenses.

To override: Reps. Josh Dobson, R-McDowell; Chuck McGrady, R-Henderson; Michele Presnell, R-Yancey; Roger West, R-Cherokee; and Chris Whitmire, R-Transylvania.

To sustain the veto: Reps. John Ager, Susan Fisher and Brian Turner, all D-Buncombe; and Joe Sam Queen, D-Haywood.

The Associated Press and staff writer Mark Barrett contributed to this report.