LGBTQ rights in North Carolina | |
|---|---|
 | |
| Legal Status | Legal since 2003 (Lawrence v. Texas) |
| Gender identity | Altering sex on birth certificate does not require sex reassignment surgery |
| Discrimination protections | Sexual orientation and gender identity discrimination prohibited in public employment. |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2014 |
| Adoption | Yes |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in theU.S. state of North Carolina may face legal challenges not experienced by non-LGBTQ residents, or LGBT residents of other states with more liberal laws.
Same-sex sexual activity is legal inNorth Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy law. The state has recognized same-sex marriage since October 10, 2014. However, an amendment to a bill prohibiting discrimination against LGBT persons in charter schools has not been signed into law.
The U.S. Supreme Court ruling inLawrence v. Texas (2003) held laws criminalizing consensual homosexual activity between adults unconstitutional.[1]
InState v. Whiteley (2005), theNorth Carolina Court of Appeals ruled that thecrime against nature statute, N.C. G.S. § 14-177,[2] is not unconstitutional on its face because it may properly be used to criminalize sexual conduct involving minors, non-consensual or coercive conduct, public conduct, and prostitution.[3]
The state'ssodomy law, though unenforceable, has not been repealed.[4]
North Carolina has recognized same-sex marriages since October 14, 2014, when a federal court decision found the state's denial of marriage rights to same-sex couples unconstitutional. The state formerly banned same-sex marriage and all other types of same-sex unions both by statute and byconstitutional amendment until the ban was overturned by a federal court decision.
North Carolina had previously denied marriage rights to same-sex couples by statute since 1996. A state constitutional amendment that was approved in 2012 reinforced that by defining marriage between a man and a woman as the only valid "domestic legal union" in the state and denying recognition to any similar legal status, such as civil unions.
In September 2011, theNorth Carolina General Assembly passedNorth Carolina Senate Bill 514 (2011) which put an amendment banning any form of same-sex unions on theprimary election ballot in May 2012. The measure passed on a vote of 30–16 in thestate Senate and a vote of 74–42 in thestate House.[5]
Voters approved the amendment by 61% to 39% on May 8, 2012. North Carolina was the 30th state, and the last of the formerConfederate states, to adopt a constitutional amendment banning same-sex marriage. The amendment added to Section XVI of theConstitution of North Carolina:[6]
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.
On April 28, 2014, theUnited Church of Christ and other religious organizations filedGeneral Synod of the United Church of Christ v. Cooper, arguing that North Carolina's statute that makes it a crime to preside at the solemnization of the marriage of a couple that lacks a valid state marriage license unconstitutionally restricts religious freedom.[7] On October 10, District Court JudgeMax O. Cogburn, Jr. ruled the state's ban on same-sex marriage unconstitutional.[8]
On June 13, 2012, six same-sex couples filed a federal lawsuit,Fisher-Borne v. Smith, that initially sought the right to obtainsecond-parent adoptions. In July 2013, following the U.S. Supreme Court decision inUnited States v. Windsor in June, they amended their suit to challenge the constitutionality of the state's denial of marriage rights to same-sex couples.[9] Briefing was completed on August 13, 2014.[10] On April 9, 2014, theAmerican Civil Liberties Union filedGerber v. Cooper in theUnited States District Court for the Middle District of North Carolina, seeking state recognition of same-sex marriages established outside of North Carolina. Plaintiffs are three couples: Ginter-Mejia and Esmeralda Mejia, Jane Blackburn and Lyn McCoy, Pearl Berlin and Ellen W. Gerber. A judge has not yet been assigned in this case.[11] On October 14, U.S. District JudgeWilliam Osteen ruled for the plaintiffs.[12]
The counties ofDurham,[13]Orange,[14]Mecklenburg,[15] andBuncombe;[16] the cities ofDurham,[17]Greensboro,[18]Asheville,[19] andCharlotte;[20] and the towns ofCarrboro[21] andChapel Hill[22] have established domestic partnership registries.
In 2008, theNorth Carolina General Assembly added a provision to the Patients' Bill of Rights affording hospital visitation rights to same-sex couples though a designated visitor statute.[23]
Some lower courts allowed second-parent adoptions until the North Carolina Supreme Court ruled 5–2 in 2010 in the case ofBoseman v. Jarell that the state law did not permit adoption by a second unmarried person irrespective of the sex of those involved.[24] The plaintiff in that case was Julia Boseman, first openly gay member of the state legislature. On June 13, 2012, 11 same-sex couples sued several state and local officials in federal court seeking second-parent adoption rights.[25] In 2013 they amended their suit to challenge the constitutionality of the state's denial of marriage rights to same-sex couples.[9] On October 14, U.S. District Judge William Osteen ruled for the plaintiffs.[12]
In November 2021, it was reported that theGovernor of North CarolinaRoy Cooper signed a bill into law legally banning discrimination — explicitly listing sexual orientation within foster parenting placements. The law went into effect from January 1, 2022.[26]
State law previously banned local municipalities from prohibiting discrimination on the basis of sexual orientation or gender identity in areas other than public employment, but this ban expired on December 1, 2020.[27][28][29][30][31][32][33]
The counties ofBuncombe,[34]Mecklenburg,[35] andOrange[36] and the cities ofAsheville,[36]Boone,[36]Carrboro,[36]Chapel Hill,[36]Charlotte,[37]Greensboro,[36][38]Raleigh,[36][39] andWinston-Salem[40] prohibit discrimination on the basis of sexual orientation and gender identity in local public employment. The counties ofDurham[36] andGuilford[36] along with the cities ofBessemer City,[36]Durham,[41] andHigh Point[36] prohibit local public discrimination on the basis of sexual orientation only.
TheUniversity of North Carolina system, which comprisesNorth Carolina's 16 public universities, established a policy of non-discrimination with regard tosexual orientation andgender identity in employment and for students,[42] which is now in partially in conflict with thePublic Facilities Privacy & Security Act.[43]
Appalachian State University,Fayetteville State University,North Carolina Agricultural and Technical State University,North Carolina Central University,North Carolina State University,University of North Carolina at Asheville,University of North Carolina at Chapel Hill,University of North Carolina at Charlotte,University of North Carolina at Greensboro, andUniversity of North Carolina at Pembroke have established non-discrimination policies that coversexual orientation andgender identity in employment and admissions.[citation needed]East Carolina University,University of North Carolina at Wilmington,University of North Carolina School of the Arts,Western Carolina University, andWinston-Salem State University have established non-discrimination policies that cover sexual orientation in employment and admissions.[citation needed]Elizabeth City State University is the only public university in North Carolina that has not established a non-discrimination policy in respect to eithersexual orientation orgender identity for employees or students.
The North Carolina Housing Finance Agency has a policy which provides "all employees and applicants for employment with equal employment opportunities, without regard to race, color, religion, creed, gender, sexual orientation, national origin, age, disability, political affiliation, or any other protected status".[44][needs update]
On June 26, 2014, theNorth Carolina House of Representatives passed by a 115–0 vote for an amendment to bill that prohibits discrimination in charter schools on the basis of any "category protected under the United States Constitution or under federal law applicable to the states." The amendment was later removed in theNorth Carolina State Senate and not included in the final bill signed into law.[45][46][47]
On April 12, 2016, North Carolina Governor Pat McCrory signed an Executive Order outlawing LGBT discrimination in any public employment within the state,[48] though it did not impact the controversial HB2 legislation.[49]In October 2017, GovernorRoy Cooper extended this discrimination protection to businesses that contract with the state.[50][51]
Passed in March 2016, the law also known as "HB2" prevents local governments from enacting policies contrary to state law in regards to hiring and use of bathroom facilities, and requires all people to use the bathroom of the gender listed on the person's birth certificate. The portion of the law regarding bathroom use based on gender at birth was repealed by the state legislature on March 30, 2017, and signed into law by North Carolina Governor Roy Cooper the very same day.[52]
In August 2021, alocal ordinance was passed within the city ofCharlotte to explicitly outlaw and ban discrimination on the basis of both sexual orientation and gender identity. It goes into legal effect from January 1, 2022.[53][54][55]
In September 2021, a Catholic school fired a gay teacher back in 2014 and a federal judge ordered that he be reinstated immediately - because legally Catholic schools can't fire gay teachers under federal jurisdiction. This case will possibly beappealed in higher courts (and maybe as far as theSupreme Court of the United States).[56]
In October 2021,Wake County passed a legalordinance to explicitly legally ban discrimination on the basis of both sexual orientation and gender identity.[57] About 30% of the North Carolina population is now legally protected from discrimination on the basis of both sexual orientation and gender identity by locally enforced ordinances.
North Carolina'shate crime statute does not cover sexual orientation or gender identity.[58]
In January 2021, a federal judge struck down the last US state law — North Carolina — that did not recognise same-sex domestic violence. Domestic violence protection laws are now extended to include same-sex couples.[59][60]
On August 3, 2019, theNorth Carolina GovernorRoy Cooper signed anexecutive order within his office - explicitly banning any state funding ofconversion therapy on minors. This is the first time a southern US state has done this.[61][62][63]
On August 16, 2023, the legislature voted to override the governor's veto, and three new laws took effect immediately. They govern:[64][65]
In August 2023, laws were implemented to explicitly ban transgender individuals assigned male at birth from participating in female sports and athletic teams within the state.[66]
On June 26, 2022, a federal judge ruled thatgender-affirming surgery was no longer required for North Carolina changes to the gender marker on North Carolina birth certificates.[67] This was the result of a lawsuit filed byLambda Legal in November 2021; the lawsuit had complained that the existing law required "sex reassignment surgery" without defining it.[68]
Effective August 15, 2023, SB49, known as the Parents' Bill of Rights, was adopted under the guise of fostering increased parental involvement in their children's education and more oversight for educators and their choice of instructional material. The bill includes:
Since August 2023, minors cannot be prescribed puberty blockers or hormone therapy or receivegender-affirming surgery.[64]
| Same-sex sexual activity legal |  (Since 2003 under theSCOTUS; Not codified into law yet as of 2020) |
| Equal age of consent | |
| Anti-discrimination laws in every area | / (Both sexual orientation and gender identity within state government employment only — additionally some cities and counties go much further explicitly banning both sexual orientation and gender identity discrimination in all areas bylocal ordinances) |
| Same-sex marriages | |
| Recognition of same-sex couples | |
| Joint and stepchild adoption recognition by same-sex couples | |
| Protects LGBT students from bullying within schools | [70] |
| Lesbians, gays and bisexuals allowed to serve openly in the military | (Since 2011) |
| Transgender people allowed to serve openly in the military | / (Most transgender personnel allowed to serve openly since 2021)[71] |
| Transvestites allowed to serve openly in the military | [72] |
| Intersex people allowed to serve openly in the military | / (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)[72] |
| Conversion therapy banned | (Since 2019 from state government funding only)[61][62][63] |
| Right to change legal gender | (Does not requiresexual reassignment surgery) |
| Third gender option on drivers licenses | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | / (3 months deferral period, federal policy) |
In conjunction with the County Attorney's legal opinion that only same-sex domestic partner benefits can be offered to County employees without the violation of the Commissioners' oaths of office, the Human Resources Department has completed the actions necessary to make this offering possible.
In North Carolina, only Durham and Orange counties, the cities of Durham and Greensboro, and the towns of Chapel Hill and Carrboro offer domestic partner benefits.
Amended 4/16/2013 to include sexual orientation and gender identity
The Winston-Salem City Council on Monday approved public accommodation and employment protections for LGBTQ people and members of other protected classes, extending rules to the private sector…
It is the policy of the City of Durham to assure that equal employment opportunity is afforded to all without regard to ... sexual orientation,
