ISSUES  > Family and Marriage
 
North Carolina  
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State Information

Government Website: http://www.ncleg.net/homePage.pl

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1996 - State Law Passed 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes 
State Law Defines Marriage between a Man and a Woman yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no 

Statutory Provision

North Carolina General Statutes Chapter 51.  Marriage. Article 1. General Provisions.

§ 51-1. Requisites of marriage; solemnization. A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: (1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and b. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or (2) In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.

§ 51-1.2. Marriages between persons of the same gender not valid. Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.

Current Legislative Activity

  • None

U.S. Senators
US Senators and their Comments on FMA

Elizabeth Dole, Republican
http://dole.senate.gov/
This senator was elected in 2002, therefore not present for the federal DOMA in 1996. She voted for the Marriage Protection Amendment in 2004 and 2006.

Richard Burr, Republican
http://burr.senate.gov
As a member of the House, this senator voted for the federal DOMA in 1996 and for the Marriage Protection Amendment (MPA) in 2004. The senator voted for the MPA in 2006.

State Public Policy Organizations Working on Marriage Issues

North Carolina Family Policy Council



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