Lawsuit challenges “opt-out” marriage law in North Carolina

By John Mack Freeman

A lawsuit has been filed in federal court challenging North Carolina’s law that allows for magistrates to recuse themselves from performing marriages based on their religious beliefs. The law was passed earlier this year by the Republican-controlled legislature over the veto of Governor Pat McCrory (R). Via LGBTQ Nation:

The lawsuit, filed by three couples, seeks to overturn the law, which was pushed by Republicans in the state legislature and passed in June over the veto of GOP Gov. Pat McCrory. Under the law, local magistrates, who can preside over marriages, and some register of deeds officials, who issue licenses, can opt out of performing marriages if they have a “sincerely held religious objection.”

Only Utah and North Carolina allow magistrates to refuse to marry a couple based on the magistrate’s religious beliefs. Currently, about 5% of North Carolina’s magistrates have filed paperwork to recuse themselves.

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