Title
Resolution Opposing Amendment One - Chairman Cogdell
Summary
ACTION:
Adopt a Resolution in Opposition to Amendment One
Contact: Chairman Harold Cogdell
Presentation: Yes
BACKGROUND/JUSTIFICATION:
On May 8, 2012, the voters of the State of North Carolina will consider amending the North Carolina State Constitution. If approved, the proposed measure would amend Article 14 of the North Carolina Constitution by adding a Section 6 Marriage that would read as follows: Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.
The proposed Amendment One is unnecessary. Same-sex marriage is not legally recognized in the State of North Carolina. The proposed language of Amendment One is vague and ambiguous and will thereby invite litigation that will require extensive judicial resources to be devoted to resolve these disputes for years to come in an already over-burdened judicial system. In recent years, the Judicial Branch of state government has received less than 3% of the overall state budget and North Carolina has consistently ranked either 48th or 49th in the nation in judges per capita.
As many believe that the best policy/government decisions are made closest to the citizens impacted. This home rule philosophy of governance would permit local jurisdictions, not state law, to govern themselves in a manner most responsive to the will of the respective constituencies of each local jurisdiction. The current policy of the Mecklenburg County Board of Commissioners states that Mecklenburg County is committed to equal and nondiscriminatory treatment for employees in the administration of benefits programs, including the extension of benefits to same-gender domestic partners. If adopted, the applicability of the proposed Amendment One will likely result in Mecklenburg County's decision to extend domestic partners benefits to county employees to be challenged in court and potentially found to be in violation of the state constitution.
In recent years, Mecklenburg County has been fortunate to have seen the consistent trend of corporate relocation and expansion of private sector organizations previously based in states such as New York, Connecticut, Massachusetts and other New England states as well as many foreign-owned firms that have been able to recruit and retain the highest skilled and most talented employees without regard to race, sex, religion, creed, national origin, age, disability or sexual orientation. Communities that demonstrate a consistent commitment to embracing vales of equal treatment for all will reap the benefits of the competitive advantage derived from being able to recruit and retain a diverse and highly skilled workforce. A constitutional amendment that depicts the State of North Carolina as a jurisdiction that is unwilling to ensure equality to all of its citizens and reluctant to embrace evolving public thought places unnecessary limitations upon state's potential for economic growth and development in future years.
PROCUREMENT BACKGROUND: N/A
POLICY IMPACT: N/A
FISCAL IMPACT: N/A