Two North Carolina Magistrates Resign Over Same-Sex Marriage Order

Since the Supreme Court refused to hear appeals cases on same-sex marriage bans, marriage equality has become the law of the land in several states. In North Carolina, this has caused contention in several cases.

First, there was the story of the pastor who said he would no longer perform marriage ceremonies at all. The reasons given were both a fear of being forced to perform a wedding for a same-sex couple, and an overall feeling that the end of the ban was, in essence, “an end to Christian marriage” in the state.

This was followed closely by a magistrate in North Carolina’s Pasquotank County turning away a same-sex couple, and refusing to perform their marriage ceremony. According to Business 2 Community, the magistrate said that to perform the wedding for the couple would go against his strongly held religious beliefs.

The North Carolina Administrative Office of the Courts responded to that incident by sending out a strongly worded letter to all magistrates. The letter warned that the magistrates’ oath of office required them to fulfill their duties for any couple with a valid marriage license, regardless of personal feelings or beliefs. While the Pasquotank magistrate was not disciplined, the letter warned that failing to treat a same-sex couple the same as any other couple could result in job loss, disciplinary action, or even misdemeanor charges.

In response to this edict, two magistrates in different North Carolina counties have handed in their resignations, rather than risk being required to perform a marriage ceremony for a same-sex couple.

According to the News and Observer, the first was magistrate John Kallum Jr., who officiated in Rockingham County. In his resignation letter, he explained that same-sex marriages were not in his understanding of his oaths of office, and that to perform one would violate a Holy Institution he believes was established by God himself. His resignation is effective at the end of the month. It’s not clear whether he will officiate over marriage ceremonies in the meantime.

The second North Carolina magistrate to resign was Gilbert Breedlove, an officiant in Swain County. According to WLOS, Breedlove maintains that not only are his rights being violated, but that the Supreme Court’s decision to stay out of the matter and let the marriage bans be overturned violates the U.S. Constitution.

Thom Tillis, Speaker of the House in North Carolina and candidate for Senator, is promising to continue fighting to appeal and reinstate the marriage ban, according to the New York Times, but it’s clear that the biggest part of the battle is over. Same-sex marriage is legal, and North Carolina — and America — is a little more equal.

[photo credit: devlyn]