That will change if Amendment One passes next week. This
get-out-the-conservative-vote tactic may be disguised as a ban on same-sex
marriage (which is already illegal in North Carolina anyway), but it’s so
poorly worded that it will have all kinds of additional consequences. “Marriage
between one man and one woman is the only domestic legal union that shall be valid
or recognized in this state” is how it reads. That simple sentence blithely
undoes dozens of laws and customs, and will arguably impact heterosexual
couples as much or more than gay couples.
For instance, what happens to the domestic partner
benefits already in place for employees of several municipal governments and
private companies? Millions of North Carolinians are about to have everything
from their health insurance to their veterans benefits stripped away, just
because some genius in the Legislature doesn’t know how to write.
It gets worse. There’s a couple I know – they’re in a
relationship after both got out of awful marriages, and they want to get
married some day but they aren’t there yet. Each has children from the previous
marriages, who all live with the couple; they’ve been a household for years.
The woman, let’s call her Eve, her ex is a piece of work (being polite here). And
the man, let’s call him Adam, his ex is a major flake, one of these people who
can’t remember to put gas in the tank even when the fuel light’s been on half
an hour. If Adam gets hit by a truck the day after Amendment One goes into effect,
Eve has zero legal say in what happens to Adam’s kids. They get shipped off to another
state, ripped out of their school and away from the only family they’ve known
for most of their lives. The same thing would happen to Eve’s kids if it’s her
who gets hit by that truck, only now her kids live with their good for nothing
(again, being polite) bio-father. Why? Because marriage is the only legal
domestic union recognized by the state.
Here’s another couple I know. They’re both in their 70s,
both married to others before their current relationship. He’s divorced, she’s
a widow. In fact, her late husband had an excellent pension, which she’ll lose
if she ever remarries. They couldn’t live and take care of themselves if they
legally married and lost Frankie’s pension benefits. So, Frankie and Johnny
here (sorry, I’m terrible at coming up with names) have been living together
for more than a decade, as husband and wife in every way but on paper. But, she’s
not in the best health. Post-Amendment One, here’s what would happen if Frankie
got seriously ill: Johnny wouldn’t have legal standing to make decisions about
her care; her adult children would. If her adult children don’t like Johnny,
they can keep him from even visiting her in the hospital. If Frankie dies
before Johnny, he’s not legally entitled to inherit her estate. He wouldn’t
even be able to stay in their house, because it’s in Frankie’s name. He’d lose
access to bank accounts or credit cards that were in her name. Why? Because
marriage is the only legal domestic union recognized by the state.
The thing is, both of the above situations are things
that same-sex couples face every day in states that – like North Carolina –
prohibit same-sex marriage. Amendment One would take things even further,
barring civil unions for gays and stripping rights from heterosexual couples
who’ve taken them for granted. Regardless of how you feel about same-sex
marriage, you have to acknowledge that Amendment One is almost reckless in its
impact on any number of existing statutes. If it passes, our state will be in
court for years. More seriously, individuals and families all over North
Carolina will suffer. And for what?