 
Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in "General Synod of the United Church of Christ v. Cooper" that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage. North Carolina was the 28th U.S. state to legalize same-sex marriage. 
North Carolina had previously denied marriage rights to same-sex couples by statute since 1996. A state constitutional amendment that was approved in 2012 reinforced that by defining marriage between a man and a woman as the only valid "domestic legal union" in the state and denying recognition to any similar legal status, such as civil unions. The defunct amendment remains in the North Carolina Constitution. It can only be repealed with another amendment that must be passed by both chambers of the North Carolina General Assembly with a three-fifths vote and receive approval by a majority of voters in a referendum. On July 12, 2017, same-sex marriage was codified in state statutes regarding statutory construction.
Legal history.
Statutes.
Prenuptial agreements for same-sex couples are codified in North Carolina state statutes and state judicial legal precedent. Statutes also cover terminations in post-separation support or alimony when a dependent same-sex spouse engages in cohabitation. On May 11, 1995, the North Carolina House of Representatives passed "House Bill 270", a bill that added to statutes pertaining to alimony that "if a dependent spouse that receives postseparation support or alimony from a supporting spouse under a judgment or order of a North Carolina court remarries or engages in cohabitation, the postseparation support or alimony shall terminate." Cohabitation was defined as "the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship." The Senate passed the legislation on June 14, 1995. The bill was ratified by Governor Jim Hunt on June 21, and came into force on October 1, 1995.
On June 18, 1996, the State Senate passed a bill banning same-sex marriage and the recognition of same-sex marriages performed out of state by a vote of 41–4. That same day, the House of Representatives voted 98–10 in favor of the bill. It was ratified by Governor Hunt, and went into effect on June 20, 1996.
Constitution.
Between 2004 and 2011, bills were introduced every year in the North Carolina General Assembly to implement a legislatively-referred constitutional amendment prohibiting same-sex marriage in the North Carolina Constitution. Until 2011, all those bills died in committee without a vote. After the 2010 elections, Republicans gained control of both the House of Representatives and the Senate for the first time since 1870. On September 12, 2011, "Senate Bill 514", a legislatively-referred constitutional amendment to prohibit same-sex marriage and any "domestic legal union", passed the House by a vote of 75–42. The bill passed the three-fifths threshold (72 votes) in the House with the support of 10 Democrats. Authors of the amendment decided to place it on the May 2012 primary ballot rather than the November 2012 general election ballot. According to reporter Kim Severson, the change from the November to the May ballot was made due to the fact that Republican presidential primaries would be held that same date, ensuring a high voter turnout for Republicans, a group of voters traditionally opposed to same-sex marriage. On September 13, the Senate voted 30–16 in favor of the measure. On May 8, 2012, North Carolina voters approved Amendment 1 by a vote of 61.04% to 38.96%.
The amendment added to Section XIV of the Constitution of North Carolina:
 ;templatestyles src="Template:Blockquote/styles.css" / ;Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.
North Carolina was the 30th U.S. state, and the last in the Southeastern United States, to adopt a constitutional amendment defining marriage so as to exclude same-sex couples. The amendment took effect on May 23, 2012. On October 10, 2014, it was ruled unconstitutional in "General Synod of the United Church of Christ v. Cooper". However, the defunct unconstitutional constitutional amendment remains on the books. In order for it to be repealed, another amendment would require approval by a three-fifths vote in the House of Representatives and the Senate, and majority approval from voters in a referendum.
Lawsuits.
"Mullinax v. Covington".
On March 22, 2004, Richard Mullinax and Perry Pike, a same-sex couple from Durham, filed suit against county officials, arguing that the county must issue them a marriage license, even though state law forbade same-sex marriage. County officials filed a motion to dismiss the lawsuit. The case was heard and dismissed without prejudice on May 10, 2004, by a district court judge.
"Fisher-Borne v. Smith" and "Gerber v. Cooper".
On June 13, 2012, six same-sex couples filed a federal lawsuit, "Fisher-Borne v. Smith", that initially sought the right to obtain stepchild adoptions. In July 2013, following the June U.S. Supreme Court decision in "United States v. Windsor", they amended their suit to challenge the constitutionality of the state's denial of marriage rights to same-sex couples. They were represented by the American Civil Liberties Union (ACLU) and private attorneys. Briefing was completed on August 13, 2014. Three same-sex couples filed "Gerber v. Cooper" in federal court in April 2014 seeking North Carolina's recognition of their marriages, which were established in other jurisdictions. They were represented by the ACLU and private attorneys. Briefing was completed on August 13, 2014. Proceedings in both cases were stayed pending the outcome of a Virginia case, "Bostic v. Schaefer". The U.S. Supreme Court declined the appeal in that case on October 6, 2014, leaving the Fourth Circuit's decision, which found Virginia's ban on same-sex marriage unconstitutional, as binding precedent on courts in North Carolina. On July 28, after the Fourth Circuit Court of Appeals' ruling in "Bostic", the North Carolina Attorney General, Roy Cooper, had announced that he would no longer defend the state's ban on same-sex marriage. He said that because all judges in North Carolina were bound by the Fourth Circuit's precedent, "today we know our law will almost surely be overturned as well. Simply put, it's time to stop making arguments we will lose and instead move forward knowing the ultimate resolution will likely come from the United States Supreme Court."
On October 8, 2014, Judge William Osteen of the U.S. District Court for the Middle District of North Carolina lifted those stays and invited plaintiffs' attorneys to present the court with a motion to rule North Carolina's ban on same-sex marriage unconstitutional. The plaintiffs in both cases filed a joint motion asking the court to issue such an order. They modeled their suggested language on the order issued in "Bostic". On October 9, two leaders of the North Carolina General Assembly, Thom Tillis, the Speaker of the House of Representatives, and Phil Berger, the President pro tempore of the Senate, asked to be allowed to intervene to defend the state's ban. Their filing said: "This intervention is about ensuring that the choice made by North Carolina voters receives its day in Court." They contended that "because "Bostic" was based in part on outcome-determinative concessions made by the Virginia Attorney General that have not been made in this litigation, "Bostic" does not control." If the district court determined that "Bostic" controlled the decision in these cases, they proposed to pursue appeals of that judgment to the Fourth Circuit, the Fourth Circuit "en banc", and the U.S. Supreme Court. On October 14, Judge Osteen allowed them to intervene solely to preserve their right to appeal. He ruled for the plaintiffs the same day. He found "Bostic" controlling since North Carolina's and Virginia's bans were virtually identical, held North Carolina's ban unconstitutional, and enjoined the state from enforcing its ban on same-sex marriage.
On December 16, the Fourth Circuit consolidated these cases and put proceedings on hold pending action by the U.S. Supreme Court on "certiorari" petitions in "Obergefell v. Hodges" and related cases. On January 14, 2015, Berger and Tillis petitioned the U.S. Supreme Court to review the case without waiting for review by the Fourth Circuit Court of Appeals. The Supreme Court ruled on June 26, 2015, that state same-sex marriage bans violate the Due Process and Equal Protection clauses of the Fourteenth Amendment. The decision legalized same-sex marriage nationwide in the United States. Lieutenant Governor Dan Forest condemned the court ruling, saying, "The power grab by a majority of the Supreme Court is a full-on assault on the founding principles of democratic process, federalism, separation of powers, the voice of the people and judicial restraint." Michael Francis Burbidge, the Roman Catholic Bishop of Raleigh, said, "The true definition of marriage cannot be redefined by courts. It remains the permanent union of one man and one woman, oriented to the procreation and raising of children. The Catholic Church, along with many other Christian and religious traditions, will continue our work with regard to this true definition of marriage and to strengthen the moral basis for all such relationships." The ACLU issued the following statement, "The Supreme Court today welcomed same-sex couples fully into the American family. Gay and lesbian couples and our families may be at peace knowing that our simple request to be treated like everyone else – that is, to be able to participate in the dignity of marriage – has finally been granted. Today's historic victory comes on the backs of same-sex couples and advocates who have worked for decades to dismantle harmful stereotypes and unjust laws in the quest for equal treatment." State Representative Larry Hall called it a "victory for equality", and the Mayor of Chapel Hill, Mark Kleinschmidt, called it "a great day for all Americans and for the promise of our democracy". David Price, representing North Carolina's 4th congressional district, said, "I join many of my constituents, some of whom have been waiting for this moment for a long time, in celebrating today's Supreme Court decision, which continues the remarkable progress we have made as a country toward equal rights for all Americans, regardless of sexual orientation or gender identity. I am reminded this morning of the landmark cases of the Civil Rights era, when justice finally won out over long-standing prejudice."
"General Synod of the United Church of Christ v. Cooper".
On April 28, 2014, the United Church of Christ, joined by a coalition of Baptists, Lutherans, and Unitarian Universalists, filed a lawsuit, arguing that North Carolina's statute that made it a crime to preside at the solemnization of the marriage of a couple that lacked a valid state marriage license unconstitutionally restricted religious freedom. On June 3, 2014, additional national religious denominations and clergy were added as plaintiffs, including the Alliance of Baptists, the Association of Welcoming and Affirming Baptists, and the Central Conference of American Rabbis in addition to Episcopal, Jewish and Baptist clergy. Dr. Reverend Nancy Petty of the Pullen Memorial Baptist Church, a plaintiff in the case, said, "By preventing our same-sex congregants from forming their own families, the North Carolina ban on same-sex marriage burdens my ability and the ability of my congregation to form a faith community of our choosing consistent with the principles of our faith." Reverend Nancy Allison, a pastor of the Holy Covenant United Church of Christ and another plaintiff, said, "North Carolina judges some of its citizens as unfit for the blessings of God. We reject that notion. […] The sacraments of baptism and communion are open to all. So should all God's children be able to receive marriage." A spokesperson for the Roman Catholic Diocese of Charlotte condemned the lawsuit, saying "This lawsuit does not change the fact that God created men and women differently. The fruits of that difference are marriage and the continuance of the