Β RALEIGH, N.C. — A federal judge has struck down North Carolina’s gay marriage ban, opening the way for the first same-sex weddings in the state to begin immediately.
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U.S. District Court Judge Max O. Cogburn, Jr., in Asheville issued a ruling Friday shortly after 5 p.m. declaring the ban approved by state voters in 2012 unconstitutional.Β
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Buncombe County Register of Deeds Drew Reisinger kept his Asheville office open late to begin issuing marriage licenses to waiting couples. The Mecklenburg County Register of Deeds had already closed by the time the decision came down. Charlotte area same-sex couples will have to wait until 8 a.m. Monday to get a license.
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Cogburn’s ruling follows Monday’s announcement by the U.S. Supreme Court that it would not hear any appeal of a July ruling by the 4th Circuit Court of Appeals in Richmond striking down Virginia’s ban. That court has jurisdiction over North Carolina.
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Lawyers for North Carolina Republican leaders were urging another federal judge to let them intervene in a pair of cases seeking to overturn the ban. Chief U.S. District Court Judge William Osteen Jr. in Greensboro. earlier denied a request from the Republicans seeking an eight-day delay to prepare their arguments.
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Senate Leader Phil Berger (R-Rockingham) and House Speaker Thom Tillis (R-Mecklenburg) issued the following joint statementΒ FridayΒ evening in response to Judge Max Cogburnβs injunction against the marriage amendment:
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βWhile we recognize the tremendous passion on all sides of this issue, we promised to defend the will of North Carolina voters because they β not judges and not politicians β define marriage as between one man and one woman and placed that in our state constitution. It is disappointing this decision was made without North Carolina’s law receiving its day in court, and we will continue to work to ensure the voice of the voters is heard.β
