Americans for Marriage Equality

State ResourcesNorth Carolina

Status: Marriage equality.

In Fisher-Borne v. Smith, a group of same-sex couples and their children, represented by the ACLU, challenged North Carolina’s prohibition of second-parent adoption and marriage ban in federal court. The plaintiffs argued that these discriminatory laws deny them their rights to equal protection and due process under the U.S. Constitution. The state moved to dismiss the plaintiffs’ case in September 2013.

Gerber v. Cooper was filed April 9, 2014 on behalf of three legally-married, same-sex couples who sought for the state to recognize their out-of-state marriages. One member of each couple is battling a serious medical condition so their attorneys at the ACLU asked the court to take swift action.

On October 6, the U.S. Supreme Court denied cert to all marriage equality cases pending review, including a case from fellow Fourth Circuit state Virginia. On October 10, a federal judge in North Carolina struck down the state’s constitutional ban on marriage equality, which was voted into law in 2012. October 13 marked the first day that same-sex couples could marry in the state.