On June 13, 2012, several same-sex couples filed a lawsuit in the Middle District of North Carolina, under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union, asked the court to declare that laws banning same-sex couples from ...
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On June 13, 2012, several same-sex couples filed a lawsuit in the Middle District of North Carolina, under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union, asked the court to declare that laws banning same-sex couples from participating in second parent adoption violate the U.S. Constitution, direct the defendants to recognize same-sex out-of-state marriages, allow same-sex couples to enter into marriage in North Carolina, and enjoin the defendants from enforcing any laws that prohibit same-sex marriage or adoption by same-sex couples.
The plaintiffs claimed that North Carolina's laws prohibiting same-sex marriage violated their rights under the Equal Protection and Due Process Clauses. Additionally, they alleged that the state's ban on same-sex marriages deprived the couples and minor children of the same flow of benefits (including medical benefits) that a different-sex couple would receive and obstructed their ability to build their family.
On February 10, 2015,The court placed this case in abeyance pending the United States Supreme Court's decision in Obergefell v. Hodges
On June 26, 2015, the Supreme Court of the United States declared, in an opinion by Justice Kennedy in reference to the case Obergefell v. Hodges
, that he right to marry was fundamental. In the opinion the Court held that it demeans gay and lesbian couples to deprive them of access to marriage. The 14th Amendment therefore does not allow states to ban same-sex marriage. Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters--Chief Justice Roberts, and Justices Scalia, Thomas, and Alito--wrote a dissent.
In the case of Fisher-Borne v. Smith, the court denied the defendant's motion to appeal on August 12, 2015. The plaintiffs filed a motion for attorney's fees on October 13 of that same year.Megan Dolan - 11/09/2015