The main reason the people of North Carolina should vote yes for the proposed marriage amendment in that state has everything to do with preventing improper state court activism and nothing to do with unmarried couples, their benefits, or allowing domestic violence to go unpunished.
Here are some important facts voters need to know:
The main reason to approve the marriage amendment is to prevent state courts from improperly invalidating the state marriage law based on the state constitution.
Courts in nine states have invalidated their states’ marriage laws based on their state constitutions, with a 10th state waiting in the wings. Voters in Alaska, California, and Hawaii approved state constitutional amendments to overturn court decisions redefining marriage. The highest courts in Maryland, New York, and Washington overturned lower court decisions voiding their state marriage laws.
In addition, the state supreme courts of Connecticut, Iowa, and Massachusetts used their state constitutions to strike down their state marriage laws, and voters were unable to regain their authority to define marriage. The Minnesota Court of Appeals recently allowed a similar lawsuit to go forward challenging that state’s marriage law, demonstrating the need for Minnesota voters to approve a state constitutional amendment defining marriage this November.
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