Recognition of same-sex unions in North Carolina

North Carolina does not legally recognize any same-sex union, including civil unions and same-sex marriages. A state constitutional amendment was voted into effect on May 8, 2012, banning same-sex unions and defining marriage between a man and a woman as the only valid "domestic legal union" in the state. Before passage, state law had already restricted marriage to a man and woman in statute §51‑1.2. The constitutional amendment bans not only same-sex marriage and civil unions, but could end the legal recognition of unmarried opposite-sex couples in domestic partnerships. Some cities in the state recognize both same-sex and opposite-sex domestic partnerships. According to 2010 census data, there were 228,000 North Carolina couples in domestic partnerships and 12 percent of those were same-sex couples.

Domestic partnerships
Some cities and counties in North Carolina recognize domestic partnerships. Registered domestic partners are legally recognized only by the jurisdiction in which they registered. The partnerships allow the extension of health benefits to employees and their domestic partners. The cities and counties in North Carolina with domestic-partner registries are the following:

Chapel Hill
Chapel Hill allows registration of domestic partnerships between any two adults who live together in a long-term relationship of indefinite duration, with an exclusive mutual commitment in which the partners share the necessities of life and are financially interdependent, and also are not married to anyone else, do not have another domestic partner and not related by blood more closely than would bar their marriage in the state. ''

Carrboro
Carrboro permits domestic partnerships between any two persons who are residents of the Town of Carrboro or at least one of whom is an employee of the Town of Carrboro.

Durham
In 2003, Durham became the third city to allow domestic-partner benefits to employees.

Orange County
In 2003, Orange County, North Carolina, Commissioners approved a measure to extend benefits to domestic partners of county employees. Benefits available include dependent health, dental, life, retiree health insurance, funeral leave, sick leave, shared leave and family leave of absence. The estimated cost for one percent of Orange County (or seven employees) to participate in domestic partner benefits was $17,000 for the county's contribution.

Greensboro
Greensboro began offering domestic-partner benefits in 2007. The town council was initially concerned that by offering domestic-partner benefits they would be in violation of North Carolina's "crimes-against-nature law" as well as federal equal-protection laws if they offered those benefits to same-sex couples and not unmarried heterosexual couples.

Mecklenburg
Mecklenburg County passed policy allowing domestic-partner benefits for county employees and their partners in December 2009. The approved plan defines "domestic partners" as two same-sex people in a "spousal like" and "exclusive, mutually committed" relationship in which both "share the necessities of life and are financially interdependent".

Asheville
On February 22, 2011, the City Council of Asheville authorized the creation of a Domestic Partner Registry to recognize same-sex relationships, becoming the first city in Western North Carolina to do so. The registry became available on May 2, 2011.

Amendment 1
A bill proposing a state constitutional amendment to ban all same-sex unions was passed (North Carolina Senate Bill 514) by the North Carolina House of Representatives on September 12, 2011, and by the North Carolina Senate, on September 13, 2011. The constitutional amendment appeared on the May 8, 2012, primary ballot and was approved by voters, adding a new provision under Article 14 of the North Carolina Constitution that reads:

"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."

Public opinion
In a poll released by Elon University on April 2, 2012, 29.1 percent of those polled support civil unions or registered partnerships providing most of the rights found in a civil marriage, and 37.5 percent of those polled support full marriage rights for same-sex couples. 29.2 percent oppose any form of legal recognition for same-sex couples.

The survey results over time are as follows:

Elon University Poll: April 2, 2012

Public Policy Polling surveyed 520 North Carolina voters between September 1 and 4, 2011, and received the following results:

Public Policy Poll: September 7, 2011