Amendment One – Will the North Carolina Gay Marriage Amendment Kill Domestic Partner Benefit Plans?

WhichWayNC.com has published a story today on the question of whether the newest amendment to the North Carolina state constitution makes domestic partner benefit plans offered by varioius municipalities throughout the state illegal.

I was happy to have a chance to contribute some legal analysis to the article, which is titled “Awaiting An Answer: What Will Amendment One Change?”.

The whole state is awaiting a legal opinion from the North Carolina Attorney General. In the meantime, local policymakers debate whether and how the amendment affects their domestic partner benefit plans. Plan opponents see the adoption of Amendment One as an invitation to cancel these benefit plan policies. But supporters have no intention of voluntarily giving up the benefit plans. As the article points out, the Attorney General’s opinion will far from settle the issue. However, the question is this: If the AG doesn’t sue these municipalities for violating the state constitution, who else could have standing to do so?

Be sure to look for the full interview on our blog next week!