North Carolina Amendment 1

It did not prohibit domestic partnerships in the state and also constitutionally protected same-sex and opposite-sex prenuptial agreements, which is the only part that is still in effect today.

[9] Sponsored by Republican State Senator Peter Brunstetter, the bill was passed by the North Carolina General Assembly in September 2011.

[12] The long title of Senate Bill 514 is: "An Act to Amend the Constitution to Provide That Marriage Between One Man and One Woman is the Only Domestic Legal Union That Shall Be Valid or Recognized in This State."

In a study by Maxine Eichner, Barbara Fedders, Holning Lau, and Rachel Blunk of the University of North Carolina School of Law, the authors discussed how the wording in the proposed amendment could have legal implications beyond banning marriage between same-sex couples.

[13] A white paper authored by Lynn Buzzard, William A. Woodruff, and Gregory Wallace of Campbell Law School disagreed with many of those claims.

[17] However, since "domestic legal union" was untested language in the courts, the issue was considered likely to face litigation to determine what the actual meaning would be and how it would be implemented.

[19] After passing a similar constitutional amendment in Ohio, several courts ruled that domestic violence protections did not apply to unmarried couples and cases were dismissed or told not to press charges.

This interpretation may have caused judges to view such relationships as having a per se negative impact on a child, and fashion custody orders accordingly.

Other areas of protection that were under question included hospital visitation, emergency medicals decisions, and disposition of deceased partner's remains.

[13] Issues in estate planning could have arisen through increased litigation contesting wills of unmarried individuals, particularly those in same-sex relationships.

Some felt that business's employee recruitment and retention would be hurt if the most talented prospects did not feel that North Carolina was progressive or representative of their beliefs.

[22] Many Fortune 500 companies have implemented policies protecting employees against discrimination based on sexual orientation, which would not be affected by such legislation.

Among North Carolina voters who were informed about the effects Amendment 1 banning same-sex marriage and civil unions and then asked how they would vote, only 38% continued to support it, 46% against it, and 16% were unsure.

[2] The day after Amendment 1 passed its public vote, US President Barack Obama expressed disappointment in the outcome[53] and announced his support for same-sex marriage.

The decision affirmed the February 13 ruling from U.S. District Court Judge Arenda Wright Allen in Bostic v. Schaefer, in which same-sex couples sought the freedom to marry and respect for their marriages legally performed in other states.

On October 6, the United States Supreme Court denied review of this case, meaning that same-sex couples would have the freedom to marry in Virginia.

With the exception of Maryland, where same-sex marriage was already legal, court cases were promptly filed to strike down various state laws and amendments.

State constitutional prohibitions on same-sex marriage in the United States on 22 May 2012