Judge strikes down NC gay marriage ban

RALEIGH, N.C. — A federal judge in North Carolina struck down the state's gay marriage ban Friday, opening the way for the first same-sex weddings in the state to begin immediately.

U.S. District Court Judge Max O. Cogburn, Jr., in Asheville issued a ruling shortly after 5 p.m. declaring the ban approved by state voters in 2012 unconstitutional.

SPECIAL SECTION: Same-sex marriage

Cogburn's ruling follows Monday's announcement by the U.S. Supreme Court that it would not hear any appeal of a July ruling by the 4th Circuit Court of Appeals in Richmond striking down Virginia's ban. That court has jurisdiction over North Carolina.

"The court determines that North Carolina's laws prohibiting same-sex marriage are unconstitutional as a matter of law," wrote Cogburn, who was appointed to the federal bench by President Barack Obama. "The issue before this court is neither a political issue nor a moral issue. It is a legal issue and it is clear as a matter of what is now settled law in the Fourth Circuit that North Carolina laws prohibiting same sex marriage, refusing to recognize same sex marriages originating elsewhere, and/or threating to penalize those who would solemnize such marriages, are unconstitutional."

It was a decision David Hains from the Diocese of Charlotte hoped he'd never hear.

"It's very disappointing," Hains said.

He said the move to get rid of Amendment One goes against what North Carolinians put in place themselves.

"One point three million people in North Carolina voted to preserve the definition of traditional marriage and a single judge has essentially said the will of 1.3 million people is invalid," he said.

Crystal Richardson with Equality North Carolina said the decision is long overdue and this is only the beginning.

"There's still a lot of work to be done but this is definitely a celebration to be had," Richardson said.

She added, "It's very overwhelming but you know there's still much more work to be done before we're fully recognized in the eyes of many as being equal."

Though Cogburn's federal judicial district only covers the western third of the state, North Carolina Attorney General Roy Cooper said through a spokeswoman that the Asheville judge's order applies statewide.

Mecklenburg County

The Mecklenburg County Register of Deeds was closed when the judge’s decision was announced.

It will open at 8 a.m. Monday, and for the first time in history same sex couples will receive a marriage license there.

One Charlotte couple said Friday the decision was unexpected but overwhelmingly welcomed.

“We're going to be here at 7:59 a.m. Monday,” said Scott Lindsley.

“Let's not kid ourselves,” said Joey Hewell, Lindsley’s partner. “We’re going to be here at 7:30 a.m. To be told after 12 years of fighting that you now have equal rights is an overwhelming feeling.”

Lindsley added, “It’s just incredibly, incredibly, incredibly exciting. And more relief than I can explain.”

Leaders with Equality North Carolina said many couples plan on exchanging their vows in the courtyard that’s just outside the Register of Deeds building.

The executive director of the ACLU sent Channel 9 a statement about the decision: "Thousands of North Carolinians are now able to marry the person they love and the legal security that comes with having that marriage recognized in their home state."

Buncombe County

Buncombe County Register of Deeds Drew Reisinger kept his Asheville office open late to begin issuing marriage licenses to waiting couples the moment the ban was struck down. When the crowd gathered in the lobby heard the news, they erupted in cheers.

Within minutes, couples who brought ministers with them began exchanging their vows on the steps outside the Register of Deeds Office.

"It's a historical day for the state of North Carolina," Reisinger said. "For a very long time I have been denying same-sex couples licenses, and it's been heartbreaking because I've seen first-hand the harm done by discriminatory marriage laws. It's autumn in Asheville and it's a beautiful time to get married."

John Griffin and Bob Carver were outside the Register of Deeds Office with other couples.

“I don't think I can put it into words,” Carver said.

Griffin and Carver met 33 years ago. They've fostered dozens of children, adopted two kids and they said they've been waiting for this day for decades.

“We've got the certificate in the car. Our marriage certificate is in the car,” Carver said.

Now, they're legally married.

“Both of our pastors were already here and had already agreed to do the ceremony for us,” Carver said.

It wasn't their first time filling out a marriage application, but it was the first time it was approved. They became the second same-sex couple to get a marriage license.

“After 33 years, you wonder every day, ‘Is it going to happen? Is it ever going to happen?’ And today is a good example of don't ever give up,” Carver said.

WSOC