LUMBERTON — Despite state law that will allow magistrates and some employees in county Register of Deeds offices to decline to issue marriage licenses or perform marriages conflicting with their religious beliefs, Robeson County’s chief District Court judge believes business will be as usual here.
“It hasn’t been an issue here yet. I haven’t had any magistrate ask not to perform a marriage based on their religious beliefs,” said J. Stanley Carmical, who oversees the county’s 12 magistrates. “I don’t think that will change because they can now opt out of performing marriages based on their religious beliefs.”
The state House voted 68-42 on June 11 to override Gov. Pat McCrory’s May 28 veto of Senate Bill 2. The veto means the bill is now state law under which deputy registers of deeds, assistant registers of deeds and county magistrates can recuse themselves from performing marriage duties that conflict with “any sincerely held religious objection.”
In North Carolina, each county’s Register of Deeds office issues marriage licenses, and magistrates are authorized to preside over civil marriage ceremonies.
Robeson County House members, all Democrats, split votes on the issue. Reps. Charles Graham and Ken Waddell voted in favor of overriding the governor’s veto, while Rep. Ken Goodman voted to allow the Republican governor’s veto to stand. Rep. Garland Pierce was absent when the vote was taken.
“I voted in favor of the bill the first time and just because the governor vetoed the bill, there wasn’t anything added that changed my mind,” Graham told The Robesonian. “I was consistent and voted my convictions.”
Senate Bill 2, whose primary sponsor was Republican Sen. Phil Berger, the Senate’s president, was filed on Jan. 28 and passed the Senate on Feb. 25. It was passed by the House on May 28 and vetoed by McCrory the next day.
The Senate’s override of McCrory’s veto was on June 1, with a vote of 32-16. Sen. Jane Smith, a Democrat from Lumberton, voted against overriding the veto.
Although debate on the bill focused on gay marriage, the bill’s wording does not specify which type of union could qualify for a religious objection.
Same-sex marriage has been legally recognized in North Carolina since Oct. 10, when a U.S. District Court ruling struck down North Carolina Amendment One. Amendment One, which was aimed at making same-sex marriage unconstitutional, was approved by 61 percent of the state’s voters. In Robeson County, the percentage of voters in favor of the amendment was 86 percent, the highest in the state.
Carmical told The Robesonian that same-sex marriages have been performed numerous times in Robeson County by magistrates, especially for couples from out-of-state. He said the only question that magistrates have had is what pronouncement they should make at the end of the ceremony.
“This is not the end to this issue,” Carmical said. “It will be interesting to see how this all plays out. I will be shocked if the law is not challenged in the federal courts.”
Vicki Locklear, Robeson County’s register of deeds, does not envision the new law having any effect on how her office conducts business. She said she has six employees, all of whom are cross-trained to handle any of the responsibilities delegated to her department.
Locklear said none of her employees have expressed any desire to opt out of issuing marriage licensese to any couples based on their religious beliefs.
“We’ve talked about this and none of my employees have indicated they have any problems conducting marriages for any couples,” she said.
According to Locklear, there have been 29 same-sex marriages conducted in Robeson County, eight of them performed since the beginning of the year. Several of the couples have been from out-of-state.
“We’re here for all of the citizens,” Locklear said. “We show the same courtesy and respect to all couples.”
Two members of the county’s religious community told The Robesonian that they agree with the decision by state legislators to override the governor’s veto.
“I don’t believe in same sex-marriage. What is wrong, is wrong,” said the Rev. Judy B. Johnson, pastor of McCormick Chapel AME Church in Lumberton. “No one should be forced to perform a marriage or do anything else that is against their religious beliefs.”
Jimmy Gilchrist, a pastor who also serves as chairman of the Robeson County Black Caucus, also defended the rights of magistrates not wanting to perform a marriage based on religious beliefs.
“Even if it is included in their job responsibilities, no one should be pressured to do something, or made to feel they could lose their job, if they act on their religious beliefs,” he said. “Individuals should be able to stand up for what they believe in.”
McCrory, in a statement vetoing the bill, said that “for many North Carolinians, including myself, opinions on same-sex marriage come from sincerely held religious beliefs that marriage is between a man and a woman.” But, he added, “we are a nation and a state of laws.”
“No public official who voluntarily swears to support and defend the Constitution and to discharge all duties of their office should be exempt from upholding that oath,” McCrory said.
In a statement released shortly following the House override of his veto, the governor called the vote “disappointing.”
Currently, only Utah has passed a similar law allowing government officials to refuse to marry couples for religious reasons, according to the National Conference of State Legislatures. Oklahoma and Texas have passed laws allowing religious organizations to choose not to solemnize marriages.
