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Sonya Garza authors op-ed on Amendment One

The Elon Law professor writes in an April 29 News and Record article that the proposed amendment to the North Carolina Constitution may have a number of unintended and negative consequences for the state and its residents.

Titled, “Marriage amendment redundant and vague,” Garza’s article details current federal and state law regarding the definition of marriage. She writes that the federal Defense of Marriage Act and North Carolina’s General Statute 51-1 already define marriage as only a legal union between one man and one woman.

Overlaying on existing law an amendment to the state’s constitution that Garza describes as vague, may lead to years of litigation and harms to children of single families, domestic violence laws, and the wills, powers of attorney, health care directives and state employment benefits of both same-sex partners and heterosexual partners.

“In thinking about Amendment One, it must be clear to voters that the amendment is redundant,” Garza writes. “Same-sex marriage is already prohibited via statute. Voting against the amendment does not mean you are voting for same-sex marriage. In addition, voters must think about the potential consequences. Yes, we do not know the absolute consequences of a constitutional amendment in North Carolina. However, we can look to states that have suffered from the very same consequences with a more narrowly written amendment.”

Click here to read Garza’s News and Record op-ed.

Click here for more information on Elon Law Professor Sonya Garza.


Philip Craft,
5/1/2012 9:37 AM