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Thankfully, Amendment One was rendered moot three years after its passage by the Supreme Court’s landmark ruling in Obergefell v. Hodges.[8] In Obergefell, the Supreme Court held that same-sex couples have the constitutional right to “have their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex.”[9] This ruling marked the federal legalization of same-sex marriages and overruled all state laws and constitutional provisions outlawing such marriages.
The impact of such a bill, should it be passed, would be the attempted nullification of all same-sex marriages performed since 2015. Fortunately, despite the fact that the bill was referred to the Committee on Rules, jokingly referred to by some as where “bills go to die,”[18] House Bill 65 is not dead enough. Two years before House Bill 65 was proposed, the state legislature was presented with House Bill 780, which also attempted to reinstate Amendment One on the grounds that Obergefell incorrectly interpreted “the decree of God.”[19] Like House Bill 65, House Bill 780 was sent to the Committee on Rules.[20] However, of House Bill 780, House Speaker Tim Moore released a public statement that the bill “will not be heard.”[21] No such assurance has been made about House Bill 65.
Nearly five years ago, the Supreme Court recognized the right of same-sex couples to marry. This decision should have finally allowed same-sex couples to rest assured in the security of their unions and the protections of their families against government interference. Unfortunately for same-sex married couples in North Carolina, this has not been the case. On a biannual basis, legislation has been proposed attempting to undermine the constitutional right to marriage. Both pieces of legislation relied upon reinstating Amendment One, which would set North Carolina back nearly ten years in the LGBTQ+ rights movement and upend and unknown number of marriages and families. The North Carolina legislature must act to formally remove Amendment One from the state constitution and finally give same-sex married couples the stability and privacy to which they are constitutionally entitled.
[1] Campbell Robertson, North Carolina Voters Pass Same-Sex Marriage Ban, N.Y. Times (May 8, 2012), https://www.nytimes.com/2012/05/09/us/north-carolina-voters-pass-same-sex-marriage-ban.html.
[2] N.C. Const. art. XIV, § 6.
[3] Karen McVeigh, North Carolina Passes Amendment 1 Banning Same-Sex Unions, Guardian (May 9, 2012), https://www.theguardian.com/world/2012/may/09/north-carolina-passes-amendment-1.
[5] Robertson, supra note 1.
[10] Nathanael Blake, 3 Years of Experience Have Only Proved That Obergefell Was a Big Mistake, Federalist (June 28, 2018), https://thefederalist.com/2018/06/28/3-years-experience-proved-obergefell-big-mistake/.
[11] Ken Connelly, Why Supreme Court Got It Wrong, CNN (June 27, 2015), https://www.cnn.com/2015/06/26/opinions/connelly-same-sex-marriage-ruling/index.html.
[12] H.B. 65, 2019 Gen. Assemb. Reg. Sess. (N.C. 2019).
[18] Colin Campbell, Proposed Gay Marriage Ban Is Dead in NC House, Speaker Says, News & Observer (Apr. 12, 2017), https://www.newsobserver.com/news/politics-government/state-politics/article144169109.html.
[19] Becca Heilman, NC Bill Banning Same-Sex Marriage Will Not Advance in the General Assembly, Daily Tar Heel (Apr. 13, 2017), https://www.dailytarheel.com/article/2017/04/nc-bill-banning-same-sex-marriage-will-not-advance.
[21] Campbell, supra note 18.

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The total number of "o"s in that passage is one hundred and seventy-nine.
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