Same-sex marriage measure set for vote in North Carolina

(CBS News) -- On Tuesday, voters casting ballots in North Carolina's Republican and Democratic primaries will also be able to weigh in on a controversial measure known as Amendment 1, which would define marriage as between one man and one woman in the state Constitution.

That's not all it does: The amendment states that "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized." That means that in addition to putting a ban on same-sex marriage in the North Carolina Constitution, the passage of Amendment 1 would ban civil unions or any other form of "domestic legal union" - for both gay and straight couples.

Opponents of the measure have been focusing in part on the impact it would have on straight North Carolina residents - as you can see in the ad at left, which suggests the measure would eliminate protections against domestic violence. The message is amplified in a recorded phone message from former President Bill Clinton beginning Monday in which he says "the real effect of the law will be to hurt families and drive away jobs."

Supporters have made a more straightforward appeal. As 93-year-old Rev. Billy Graham, who lives in Ashville, puts it: "Watching the moral decline of our country causes me great concern," he says in ads that appeared in state newspapers over the weekend. "I believe the home and marriage is the foundation of our society and must be protected."

They also argue that the Amendment - which would codify a state law already on the books banning same-sex marriage - would not have the wide-ranging impact that opponents claim. (TPM's Tom Kludt offers a good breakdown of that debate.)

Though opponents of the measure have reportedly outraised supporters, it looks likely to pass: Two recent polls in which the text of the measure was read directly to respondents (one by the conservative Civitas Institute, the other by the Democrat-aligned Public Policy Polling) show Amendment 1 passing by 16 and 14 points, respectively. (It's worth noting that PPP polling found one in ten voters thought the measure would legalize same sex marriage, not ban it.)

As Nate Silver of the New York Times lays out, polls have found that voters are more likely to oppose the measure if they believe its effects go beyond limits on same-sex unions - which explains why opponents are running ads like the one above. PPP and other pollsters have found that the state's voters would oppose the measure if they understood that it banned civil unions and domestic partnerships as well as same-sex marriage - and many don't. Opponents are hoping that their voter education efforts will allow them to pull off an upset and block the measure. Even if the measure is voted down, however, proponents could potentially reintroduce the amendment with a focus solely on gay marriage - and polls suggest it would pass easily. (That's exactly what happened in Arizona, where a measure banning gay marriage passed in 2008.)

If Amendment 1 does pass, it will provide fodder for arguments that American culture has become increasingly polarized, with conservatives and liberals living in separate worlds - not just ideologically but also geographically. Even as more and more blue states legalize same-sex marriage - Maryland became the eighth state (counting the District of Columbia) to do so in March - red states are holding firm or moving in the opposite direction. Indeed, the passage of Amendment 1 would mean that all 11 former Confederate states have a gay marriage ban written into its Constitution.

Same-sex marriage an awkward issue for Obama

[MaryLz03]

This amendment does not define MARRIAGE; it defines LEGAL DOMESTIC UNION. This amendment is not FOR marriage; it is AGAINST recognizing any rights that may presently be enjoyed by any person - including heterosexuals who are not married AND their children - who are not married. It makes me very angry to see all media, including national news media such as CBS misrepresenting this amendment as defining marriage and outlawing heterosexual marriage. That is NOT accurate at all.

[rightontarget]

by Mortar1SG_29 May 7, 2012 1:54 PM EDT
I am a constitutional scholar, walyern. I have several degrees in the subject...and currently working on my doctorate. So, you arent even in my league. Its like saying because you played TBall, that you can play for the Red Sox. Laughable!
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So???????????? And your point??????????????????????????
All the "Doctorates" in the world doesn't make you worth a flip.
(My mother had her's from Pitt.) Big friggin deal. She had more knowledge AND understanding in her little finger than you have comprehension of the subject.

[tepostlan]

Rev Billy Graham suggests "the home and marriage are the foundation of our society", if one takes the home away from **** you get "O". It is time for the bigoted beliefs that have hypnotized peoples' subconscious by the clergy to be brought into the light and purged of fear and cruelty of their fellow people. This is about learning to love one another folks! And not to just tolerate other's belief, but get over the fear that someone else has power over you.

[JasonTremblay]

Americans are so backward. They claim to be upholders of freedom, yet they want to tell everyone else what to do, in other countries and at home...based on religious superstitions. I'm so thankful I live in Canada where we have _true_ freedom.

Same-sex marriage doesn't require anyone to do anything or denies anyone their right to do what they want. This amendment is another example of Americans forcing their will on other people, stopping them from equality and freedom.

Christian Talibans at work.

[Obama4more]

by Mortar1SG_29 May 7, 2012 3:39 PM EDT
It doesnt violate the 14th Amendment.
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Most with a trained legal mind wouldn't agree with that statement. But then again, most with any mind don't agree with Mort.

[booker59]

Polling has consistently shown that support or opposition to same-sex marriage is heavily affected by religious belief; people who are very religious oppose it by much wider margins. However, that fact alone doesn't mean banning same-sex marriage violates the separation of church and state. Constitutional issues aren't decided by the motivations of the public. The question is whether or not a state's ban on same-sex marriage violates equal protection under the 14th Amendment, or if there is a legitimate purpose in categorizing same-sex relationships differently (under the law)from heterosexual relationships. The similarities between gay and straight relationships are clear; but are there inherent differences that the state can justifiably recognize in law on a basis other than morally based animus? Whatever one's answer, it is at the moment an open question, and one we should be able to debate without name-calling and shrillness.

[vsmit]

I wonder when NC is going to pass a constitutional amendment banning divorce, which certainly has LED the decline of marriage in the United States.

[rightontarget]

by magnumdr May 7, 2012 12:22 PM EDT
What reason would there be for two men or women to get "married"?. This relationship is just like two roommates living together.
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Really???? The "roommate" senario doesn't cut it. Anybody can be a "roommate"... male with male, female with female AND male with female just as friends and being "platonic". That's NOT THE POINT OF WANTING TO BE "MARRIED" AT ALL!!!! It's about LOVE not just companionship or even sharing the bills. Marriage is about forming a special bond with your partner and about COMMITMENT. It's NOT just for the purposes of having children !!!!!!!!!!!!! By the same token if "marriage" between a man and a woman is the only union recognized in the state then I guess that eliminates hetrosexial couples who CHOOSE to just live together without getting a legal marriage license from being recognized as a legitimate "couple". Personally I advocate living with your future spouse for at least a year before marriage. (You never really know someone or how you will get along until you live with them.) What a bunch or fanatical zealots!!!

It's all about superiority. The "better than" mind set. Sure, some people say it's ok to give gays the same "legal" rights but just don't call it "marriage" because they want "real" married people to be considered "better" than those in a gay relationship. GET OVER IT! Keep your religious theology out of the right to be LEGALLY married. Just because a couple has a legal "marriage license" and are considered married by the government does NOT mean the "marriage" has to be recognized by any particular church. Your religious beliefs are your right but you do NOT have the right to impose those beliefs upon others! You also do NOT have the right to determine what you want to be "socially acceptable". What are you afraid of? That your kids might turn out "gay"? That they might make gay friends or find out that most gay people are NOT the perverts and deviants society would like to make them out to be? There are perverts and deviants that are heterosexual as well as homosexual. I am NOT gay but I have known several gay couples, professional people, educated and who have been in a LONG TERM, committed relationship for many years. In my experience most of them are more loyal and faithful to their "partner" than many who are in heterosexual relationships. So where is the loss of "morality" in that? I wish people would just stop trying to play "GOD". Let God be the Judge. Humanity needs to stop trying to "control" what others believe. Believe what you want, that is your right but you do NOT have the right to force others to see things your way!

[walyern]

To those "debating" with Mortard....you all should realize that you can't fix stupid. He has a right to is ignorance of the law and the constitution. I am going to leave him be, simply because I have an actual job that makes me money. Have fun with your day Morty....you sally nonsensical man.

[tomanyt]

@Mortar1SG_29...."I am a constitutional scholar, walyern. I have several degrees in the subject...and currently working on my doctorate." LOL. Sure.

[AOCGUY]

I will give Mortar credit for one thing - he or she is amazingly consistant to the point that he/she even uses the same posts regardless of topic.

Government control over marriage serves no point other than to collect taxes. And as I said in an earlier post it is amazing that so-called conservatives think it is OK for government to decide who may marry who. I for one do not. Same sex marriages or unions harm absolutely no one.