LGBT rights in North Carolina
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S.
state of North Carolina face some legal challenges not experienced by non-LGBT
residents. Same-sex sexual activity is legal in North Carolina
. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
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As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by North Carolina legislators
recognizes neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state bans same-sex marriage by statute, not by constitutional amendment.
Two North Carolina towns have recognized and issued domestic partner registrations since 1995. Both are in Orange County, North Carolina
. Such registrations are recognized the issuing jurisdiction. In Chapel Hill
such registration is open to all applicants regardless of residency. Registration in Carrboro is available to local residents only. In addition, two cities offer domestic partnership benefits to same-sex couples: Greensboro and Durham. Durham County, Orange County, and Mecklenburg County also offer these benefits.
survey found that 31% of North Carolina voters thought that same-sex marriage should be legal, while 61% thought it should be illegal and 8% were not sure. A separate question on the same survey found that 54% of North Carolina voters supported the legal recognition of same-sex couples, with 25% supporting same-sex marriage, 29% supporting civil unions but not marriage, 43% favoring no legal recognition and 3% not sure.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of North Carolina face some legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
residents. Same-sex sexual activity is legal in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
Laws regarding same-sex sexual activity
Laws against homosexual activity were abolished in 2003 by the federal Supreme Court ruling Lawrence v. TexasLawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
.
As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by North Carolina legislators
Recognition of same-sex relationships
North CarolinaNorth Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
recognizes neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state bans same-sex marriage by statute, not by constitutional amendment.
Two North Carolina towns have recognized and issued domestic partner registrations since 1995. Both are in Orange County, North Carolina
Orange County, North Carolina
Orange County is a county located in the U.S. state of North Carolina. As of the 2010 census, the population was 133,801. Its county seat is Hillsborough...
. Such registrations are recognized the issuing jurisdiction. In Chapel Hill
Chapel Hill
Chapel Hill may refer to:*Chapel Hill, North Carolina, a town in the United States, or**the University of North Carolina at Chapel Hill, a major university within the town*Chapel Hill, Alabama...
such registration is open to all applicants regardless of residency. Registration in Carrboro is available to local residents only. In addition, two cities offer domestic partnership benefits to same-sex couples: Greensboro and Durham. Durham County, Orange County, and Mecklenburg County also offer these benefits.
LGBT Adoption Rights
North Carolina does not have any specific laws that legalize or prohibit adoption by same-sex couples. The North Carolina Supreme Court, however, ruled 5-2 in 2010 against second parent adoptions, a legal method same-sex parents sometimes use to attain parental rights for both parties. Unless the legislature passes a law allowing second parent adoptions, full parental rights will remain unavailable to one of the members in each same-sex couple raising children.Discrimination protection
North Carolina outlaws discrimination based on religion, color, national origin, age, sex or handicap, but not sexual orientation or gender identity.Hate crime laws
North Carolina's hate crimes statute covers race, color, religion, nationality or country of origin, but neither sexual orientation or gender identity.Public opinion
A September 2011 Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that 31% of North Carolina voters thought that same-sex marriage should be legal, while 61% thought it should be illegal and 8% were not sure. A separate question on the same survey found that 54% of North Carolina voters supported the legal recognition of same-sex couples, with 25% supporting same-sex marriage, 29% supporting civil unions but not marriage, 43% favoring no legal recognition and 3% not sure.