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07-Mar-2016 13:26

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The directive replaces another released in October 2013, pre-dating the overturning of Amendment One, which limited married, same-sex couples' ability to file jointly.On Monday, the North Carolina Senate overrode Republican Gov.Perhaps the most interesting issue here, and the one of greatest practical import, concerns subdivision (b)(6), which encompasses “persons of the opposite sex who are in a dating relationship or have been in a dating relationship.” I can imagine a constitutional challenge to that provision on the grounds that there is no basis for limiting it to opposite-sex couples.If such a challenge were successful, I don’t know whether the remedy would be a judicial expansion of the rule or an excision of the rule from the statute.As noted in this recent news article, a number of magistrates have resigned as a result. 15A-534.1, only a judge may set bond in a domestic violence case within the first 48 hours after arrest. 50B-1(b) lists the types of relationships that are eligible for DVPOs.But the issue I’ve been asked most about is how same-sex marriage relates to our domestic violence laws. The statute applies mainly to certain crimes committed against a “spouse or former spouse or a person with whom the defendant lives or has lived as if married.” I noted in this prior post the uncertainty about whether same-sex couples were covered by that language. A same-sex couple married in North Carolina or elsewhere are “spouse[s],” or if subsequently divorced, “former spouse[s].” Same-sex couples who are cohabiting are living together as if married. More complicated interpretive and legal issues arise in the context of Chapter 50B orders. The list includes “current or former spouses,” and the new meaning of that term is clear.

In effect, the bill declares that protecting civil servants’ right to discriminate on the job is more important than It gets worse.I imagine that it might but the issue is far beyond my expertise.



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