Members of the North Carolina House of Representatives voted to override the veto of a bill Thursday that would allow magistrates to opt out of performing same-sex marriages after delaying the vote June 3.
The legislation—entitled Senate Bill 2—was vetoed by North Carolina Governor Pat McCrory. On June 1, the State Senate voted to override McCrory’s veto of the legislation, which was sponsored by Republican Senate Leader Phil Berger. Members of the House now have done the same after delaying the vote, which means the bill is now law.
“Religious freedom is a fundamental right guaranteed under our state and federal constitutions—and one that our state’s public servants shouldn’t have to leave at the door,” Berger said in a press release June 1.
The bill would require magistrates to recuse themselves from performing all marriages for six months if they chose to opt out due to religious objections. It would also allow magistrates who resigned or were previously terminated due to their refusal to perform same-sex marriages to apply to fill vacant magistrate positions. The legislation tasks the chief district court judge with ensuring that all individuals issued a state marriage license in the state seeking to marry before a magistrate may do so.
"It feels like another example of when religion is used as a weapon against LGBTQ+ individuals," senior Tyler Nelson, president of Blue Devils United, wrote in an email June 4. "This is a step backward for North Carolina, and we shouldn't be afraid to say it."
He noted that if passed, the legislation might set a precedent for other states to pass similar bills.
Several other students expressed concern that this legislation would limit the ability of same-sex couples to marry just months after an October court ruling permitted them to do so.
“As a Duke student and a native North Carolinian, the passage of this bill [in the senate] makes me concerned for the future of our state,” sophomore Alice Reed wrote in an email June 4.
Reed noted that the “sincerely held religious objection”—which magistrates must demonstrate in order to opt out of marrying a couple—is too vaguely defined and could potentially have implications for interracial marriages as well.
“Permitting magistrates to refuse to perform a marriage using this generic excuse opens the door to discrimination not only against same-sex couples, but also any heterosexual union in North Carolina that the court official does not approve of," Reed wrote.
Senior Fiona McCrossin wrote in an email June 4 that she believes magistrates should be allowed to refuse to perform same-sex marriages if there is a conflict with their religious beliefs, but that she personally would not use those magistrates.
Margaret Munford, a first-year student at the Fuqua School of Business and co-president of Fuqua Pride, emphasized that the state's stance on LGBT issues is important for recruitment to the school.
“For some of the top talent that we’re trying to recruit, we have to make the case that North Carolina is socially progressive and open-minded,” she said.
This article was updated Thursday, June 11, after the House voted to override the veto of the bill.
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