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 had 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. On October 10, Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina ruled in General Synod of the United Church of Christ that the ban violated the U.S. Constitution, making North Carolina the 28th U.S. state to legalize same-sex marriage. Polling suggests that a majority of North Carolina residents support the legal recognition of same-sex marriage.
North Carolina had previously denied marriage rights to same-sex couples by statute since 1996. A constitutional amendment that was approved in 2012 reinforced this 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 The defunct amendment remains in the Constitution of North Carolina, and can only be repealed with another amendment that must be passed by both chambers of the General Assembly with a three-fifths vote and by voters in a referendum. On July 12, 2017, same-sex marriage was codified in state statutes regarding statutory construction.
Legal history Restrictions Statutes On June 18, 1996, the North Carolina 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 Jim Hunt, and went into effect on June 20, 1996. The law was passed the same year as the federal Defense of Marriage Act (DOMA; , ), which banned federal recognition of same-sex marriages. In 2025, representatives Deb Butler, Phil Rubin, Jordan Lopez and Mary Gardner Belk introduced legislation to amend the marriage statutes and repeal the ban on same-sex marriages. "In North Carolina, we must defend the rights of our LGBTQ+ citizens. Marriage equality is a settled issue for the vast majority of Americans, and our state should reflect that reality. These bills are about ensuring dignity, security, and legal protection for all families in the face of uncertainty at the federal level," said Butler. The bill died without a vote.
Prenuptial agreements for same-sex couples are codified in North Carolina state statutes and state judicial legal precedent.Chapter 52B. Uniform Premarital Agreement Act.Public Employment Law Bulletin Statutes also cover terminations in post-separation support or alimony when a dependent same-sex spouse engages in cohabitation.§ 50-16.9. Modification of order. On May 11, 1995, the House of Representatives passed 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 Hunt on June 21, and came into force on October 1, 1995.House Bill 270
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 Constitution of North Carolina. Until 2011, all these 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. Click on "Show All Votes" 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:
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.Constitutional amendment certified as election fraud questions winnowed 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 by voters in a referendum. In 2025, 31 Democratic lawmakers introduced unsuccessful legislation to repeal the constitutional ban.
Lawsuits
Mullinax v. Covington On March 22, 2004, Richard Mullinax and Perry Pike, a same-sex couple from Durham, filed a lawsuit against county officials, arguing that Durham County must issue them a marriage license. 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, with briefing 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 Court of Appeals' 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's 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 the 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.