General Synod of the United Church of Christ v. Cooper was filed on April 28th 2014 in the Western District of North Carolina on behalf of the United Church of Christ (UCC) as a national denomination, clergy from across faith traditions and same-sex couples who seek the freedom to marry. The case challenges the constitutionality of marriage laws in North Carolina – including Amendment One – that ban marriage between same-sex couples and make it illegal for clergy to perform such marriages.
This case opens a new front in litigation against state laws that ban same-sex marriage. In addition to bringing 14th Amendment claims under equal protection and due process, this lawsuit introduces a 1st Amendment claim that the marriage ban in North Carolina violates the right to the free exercise of religious beliefs by denominations, clergy, and congregants who believe that same sex marriages are theologically valid and want to perform marriage ceremonies.
The plaintiffs are represented by the law firms of Tin Fulton Walker & Owen and Arnold & Porter LLP. The Campaign for Southern Equality (CSE), an Asheville, NC, based 501(c)(3) non-profit that promotes LGBT rights in the South, played an advisory role during the planning stages of this case. CSE is coordinating a public education campaign accompanying the case.
North Carolina Litigation Challenging Amendment One.
General Synod of the United Church of Christ v. Cooper joins the ranks of two cases filed by the ACLU in North Carolina’s Middle District – Fisher-Borne v. Smith and Gerber and Berlin v. Cooper – that ask federal courts to act quickly to overturn Amendment One.
Fourth Circuit Litigation
On May 13, the Fourth Circuit Court of Appeals will hear oral arguments in Bostic v. Schaefer, a case seeking the freedom to marry for same-sex couples in Virginia. The case is being argued by Ted Olsen and David Boies, with support from the American Foundation for Equal Rights. The ruling in this case could impact North Carolina law.