Same-sex sexual activity is legal in North Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy law.

The U.S. Supreme Court ruling in Lawrence v. Texas (2003) held laws criminalizing consensual homosexual activity between adults unconstitutional.

The amendment added to Section XVI of the Constitution of North Carolina:[6] Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.

[8] On June 13, 2012, six same-sex couples filed a federal lawsuit, Fisher-Borne v. Smith, that initially sought the right to obtain second-parent adoptions.

Plaintiffs are three couples: Ginter-Mejia and Esmeralda Mejia, Jane Blackburn and Lyn McCoy, Pearl Berlin and Ellen W. Gerber.

On June 13, 2012, 11 same-sex couples sued several state and local officials in federal court seeking second-parent adoption rights.

[12] In November 2021, it was reported that the Governor of North Carolina Roy Cooper signed a bill into law legally banning discrimination — explicitly listing sexual orientation within foster parenting placements.

[27][28][29][30][31][32][33] The counties of Buncombe,[34] Mecklenburg,[35] and Orange[36] and the cities of Asheville,[36] Boone,[36] Carrboro,[36] Chapel Hill,[36] Charlotte,[37] Greensboro,[36][38] Raleigh,[36][39] and Winston-Salem[40] prohibit discrimination on the basis of sexual orientation and gender identity in local public employment.

[45][46][47] On April 12, 2016, North Carolina Governor Pat McCrory signed an Executive Order outlawing LGBT discrimination in any public employment within the state,[48] though it did not impact the controversial HB2 legislation.

[52] In August 2021, a local ordinance was passed within the city of Charlotte to explicitly outlaw and ban discrimination on the basis of both sexual orientation and gender identity.

[57] About 30% of the North Carolina population is now legally protected from discrimination on the basis of both sexual orientation and gender identity by locally enforced ordinances.

[59][60] On August 3, 2019, the North Carolina Governor Roy Cooper signed an executive order within his office - explicitly banning any state funding of conversion therapy on minors.

They govern:[64][65] In August 2023, laws were implemented to explicitly ban transgender individuals assigned male at birth from participating in female sports and athletic teams within the state.