Tuesday, July 9, 2013

ACLU to Challenge Same-Sex Marriage Ban in North Carolina




Gay marriage has become a hot topic in this country.  I believe the Supreme Court made an unconstitutional ruling when they struck down Section 3 of DOMA.  Basically, five justices decided our federalist system is antiquated and our elected representatives are window dressing when it comes to passing laws.  Ultimately, we have a judicial oligarchy who will dictate policy from on high.
 
Of course, this is just the beginning.  Liberals will never stop suing states or individuals, until their agenda is shoved down our throats.  Recently, the ACLU announced they are suing the state of North Carolina, challenging our constitutional ban on same-sex marriage, along with a law that prohibits second-parent adoptions, either straight or gay.


Obviously, this is a back door attempt at striking down a constitutional amendment that was approved by more than 60% of the citizens of North Carolina.  But that doesn’t matter to the 25% minority that rules this country.  They will use the federal courts to impose their will upon us all.  Why not?  They’ve done it for the past 70 years.


What I find fascinating is how marriage developed in the state of North Carolina.  Here is an excerpt from the Encyclopedia of North Carolina:

Marriage in North Carolina, until 1868, could be either by license or by banns (public announcements) in the county where the bride lived.  It is estimated that in North Carolina two-thirds of all marriages prior to 1868 were by banns, as they were quicker and cheaper than licenses.  If a marriage by license was desired, a marriage bond, which was free of charge, was procured to ensure that there was no legal impediment to the union.  The bond was not proof of marriage but only of the intent to marry.  The consent of parents or guardians was required if either party was under age 15 and had not previously been married.  Those not wishing to bother with licenses and bonds could publish the banns on three successive Sundays and then be married by a clergyman or magistrate.  No public record was made of this procedure.  An act of 1868 transferred the power to issue marriage licenses to the register of deeds and made the license the only legal public record of the nuptials.

After 1851 all justices and clergy were required to return licenses for marriages they had performed to the clerk of court; these marriages were recorded chronologically in the Marriage Registers of each county, few of which have been published.  Therefore, the absence of a marriage bond in North Carolina does not indicate that the couple was not married in the state, but only that there is no extant civil record of it.  The percentage of extant records of marriages performed in North Carolina prior to 1868 would be generously set at 20 percent.  The counties with the largest number of extant marriage bonds are Rowan and Orange.
I don’t believe there is a single record of a same-sex marriage during that period of time.  In retrospect, we don’t have the same sense of community or morality either


No comments: