North Carolina

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Statewide Relationship Recognition

no Licenses marriages for same-sex couples.
no Honors marriages of same-sex couples from other jurisdictions
no Relationship recognition for same-sex couples: none.
  • 1996 Anti-marriage bill adopted. Senate Bill 1302 introduced by Sen. James Forrester (R) on May 23, 1996. Declares that “[m]arriages contracted or performed outside of North Carolina between persons of the same gender are not valid in Iredell County.” Amended to add eleven other counties. (The bill was a backdoor attempt to circumvent legislative rules, hence the characterization as a local bill with application to one county.) Passed without hearings in House and Senate, became law automatically. See N.C. General Statutes §51-1.2.

Statewide Employment Protections

no Private employment protections based on sexual orientation.
no Private employment protections based on gender identity.
no Public (state) employment protections based on sexual orientation.
* Public (state) employment protections based on gender identity.

See N.C. Gen. Stat. §§ 131A-8 (2001), 143-422.2 (2001) and 41A-4 (2001).

* Passing state and federal level laws explicitly prohibiting discrimination on the basis of gender identity, gender expression and sexual orientation is the only way to ensure equality. However, you should be aware that some measure of protection already exists under Title VII and the Constitution's guarantee of Equal Protection. If you or your counsel has questions, please contact Lambda Legal's Help Desk.

Statewide Parenting Laws

Who May Adopt Any adult. N.C. Gen. Stat. 48-1-103. But if petitioner is unmarried, no other person may join. N.C. Gen. Stat. 48-2-301.
Second Parent Adoptions No longer permitted.
Notes Second parent adoption held void, ruling that the trial court exceeded its authority in granting. Boseman v. Jarrell, 704 S.E.2d 494 (N.C. 2010). Hostile climate for lesbians and gay men as seen in the custody decision, Pulliam v. Smith, 501 S.E.2d 898 (N.C. 1998).

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