Articles


Marriage Amendment
By: Paul Stam, Representative of the 37th District

Re: Marriage Amendment/HB 493

Friends,

Last week I joined 12 Democrats and 51 other Republicans as sponsors of the Marriage Amendment. 

Some ask why we need a State Marriage Amendment since our statutes already prohibit polygamy and same-sex marriages.  There are several reasons:

  1. Under the Full Faith and Credit clause of the U.S. Constitution, whether or not North Carolina is required to give credit to the acts of other states (such as Massachusetts) depends to some degree in the form in which our public policy is expressed.  A constitutional amendment adopted by the people is a stronger argument to make to a federal judge.  And under the rules of comity it would strengthen our hand with regard to foreign same sex marriages.
  2. Litigants in many states have relied on state constitutions to demand, and in some cases receive, rulings favoring same sex marriage.  The framers of our 1868 constitution obviously did not intend to legalize same sex marriage or polygamy.  But words can be twisted if this amendment is not adopted.  It is not enough to say that our Supreme Court would never interpret our constitution that way.  Who knows what it would do in future years?  More importantly, who knows what a single Superior Court judge or a single District Court judge (resident in a liberal district) might do to disrupt our marriage statutes until those rulings could be corrected by our Supreme Court.
  3. Statutes can always be repealed or superseded by other conflicting statutes enacted without noting the impact on marriage.

Courts and legislators, applying common sense, have known for thousands of years that the basic building block for any society is the family.  This is, by far, the best setting in which to raise children.  While I know that single parents also have to raise children and I applaud those who have to do that, public policy should never intend that result as a preferred alternative.  Without a marriage amendment the drumbeat for adoption by same sex couples is inevitable.

I stand by this amendment and hope to see it put before the people of North Carolina this fall for a decision. To view the actual Marriage Amendment Bill from the NC General Assembly website, click here.


With regards, I am

Sincerely yours,

Representative Paul Stam
P.O. Box 1600
Apex, NC 27502
Tel: 919-362-8873
Email: pauls@ncleg.net

The writer represents Southern Wake County in the North Carolina House of Representatives.


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