NC Amendment One - Part One

For quite some time now North Carolina has had the distinction of being the only southern state without a constitutional amendment banning same-sex marriage. The state does have a law on the books which bans same sex marriage. But as of this date it has avoided  However, that unique status many change on May 8 2012. On that day an Amendment to the state constitution will be voted on state wide.  

The Amendment is not very long nor it is particularity complex. Here is what the voters will be voting on it its more or less in its entirety:   

"Article 14 of the North Carolina Constitution is amended by adding the following new section. Sec. 6. Marriage.

Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts." 

Here is the link to the proposed Amendment.

My employer is one of them many North Carolina business that has come out against North Carolina Amendment One. You can see a full list of other business opposed to the Amendment here. I cannot speak for my employer nor do I intend to. But I believe it speaks to how important this issue truly is. Our business has been in operation for over 18 years and had a strong tradition of staying outside of politics. I do not think that this was a move taken lightly on their part.  

I can only praise the businesses that have come out against  Amendment One. The move by my employer is completely understandable and logical. Personal feelings aside is make sense in the world of business:

"Over 89% of the Fortune 500 companies have adopted written nondiscrimination policies prohibiting harassment and discrimination on the basis of sexual orientation, as have more than 95% of Fortune 100 companies, according to the Human Rights Campaign. Nearly 70% of the Fortune 100 and 43% of the Fortune 500 now prohibit discrimination based on gender identity or expression." (Source) 

The business world knows that it makes little sense to turn away the best talent available just because of their sex life. A business does itself no favor alienating potential workers over a personal matter that an employer has no reason to be involved with to begin with. It can only be called voyeuristic for a company to care so much about what happens in the bedroom.

It is very seasonable for a business should speak out against such matters. People are gay it is a simple fact and one that will not go away even if the Amendment becomes the law of the land. All it does is hurt businesses. Why would gay person want to work and start a life in a state that discriminates against them? Why would they want to buy a house and start a family in this state? How could anyone be expected to pay their taxes to the state that uses it own constitution ensure that they can never have the same legal rights as a straight couple? It is not sensible by any means to use a  constitution  turn away a group a people simply because you do not like what they do in the bedroom.   

Furthermore, it gives national and international businesses good reason to move their headquarters out of the state or avoid any major investment in the state out of fear that they could be viewed as supportive of the discrimination. It adds a needless barrier to doing business in this state.  Joe Solmonese, president of the Human Rights Campaign pointed this out in a statement:  

“Even in the most challenging economy, leading employers are forging ahead of federal and state law to recruit and retain a diverse workforce – regardless of employees’ sexual orientation and gender identity or expression. (Taking) steps to ensure all employees in their workforce are treated fairly today.”

Moreover the CEO of Duke Energy Jim Rogers put it rather bluntly:

“This is the 21st century, and we're competing with people around the world.We've got to be inclusive and open.”

He even went so far as to say:

“If this amendment passes, we’re going to look back 20 years from now, or 10 years from now, and we’re going to think about that amendment the same way we think about the Jim Crow laws that were passed in this state many, many years ago."

Here one can see a list of companies that have spoken out national against such measures like the Amendment One. One should not expect these companies to seek out North  Carolina if the Amendment passes.     

It should not be North Carolina has one of the nation's best University Systems. Students the world over come here to be educated. But will they keep coming in the future if the Amendment passes. Again why would a gay student or educator want to make a life in this state if the state legally bars them form doing so? Why would a great mind that happens to be gay want to work for one of the Universities in a state that keeps them second class citizen. Status forced on them only because they share the same sex organs as the person that the love.

But it is not just gay people that are harmed by this Amendment. While the focus of the Amendment is clearly meant to be stance against gay marriage. It ends up taking many people as collateral damage regardless of the their sex life. It affects unmarried couples of any sexually orientation. A child of an unmarried couple does not have the same rights as one of a married couple. Furthermore, it adds one more needless and harmful layer to the legal onion that is domestic issues.  

The simple statement that "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State." This means that all other unions are null and void and have no legal protection. A widow/widower could lose retirement benefits because they spouse is no longer alive thus they cannot be married anymore. Do not think for a moment that a company would not try to use this to weasel its way out of paying out benefits to someone.

It effects children of unmarried couples in both legal matters and other basic issues such as health care. Since no legal protection can legally be offered to them in the state of North Carolina. Such worries where neatly summed up in a article by Shawn Long.

"They want to amend the N.C. Constitution - to eliminate the "all are equal" clause - to define marriage as the "only domestic arrangement" in the state, and only between a man and a woman. This seemingly benign phrasing is used in other states to prohibit domestic partner benefits. I could no longer offer health insurance to my partner of 16 years or our 9-year-old son. This would apply to all unmarried couples, gay or straight. It would also be used to challenge hospital visitation, wills and powers of attorney."

Moreover, it leaves unmarried couples at the mercy of the courts. Their legal rights would be left to the interpretation of judges.

Chris Fitzsimon, director of the progressive NC Policy Watch. Pointed out that even if the judges are fair and will meaning. It will still massively affect the NC legal system:

"What we have here is untested language that would need to be interpreted by the courts. At the very least, it will mean that our courts will be tied up for years trying to figure out what this law means for domestic violence cases. (Source) 

For more information (at lest better written information) about the ill effects of this Amendment check out this website: protectncfamilies.org