LGBT rights in North Carolina
| LGBT rights in North Carolina | |
|---|---|
|
|
| Same-sex sexual activity legal? |
Legal since 2003 (Lawrence v. Texas) |
| Gender identity/expression | Altering sex on birth certificate requires sex reassignment surgery |
| Discrimination protections | Sexual orientation and gender identity discrimination prohibited in public employment. |
| Family rights | |
| Recognition of relationships |
Yes (marriage) |
| Adoption | Yes |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.
Same-sex sexual activity is legal in North Carolina, and the state has recognized same-sex marriage since October 10, 2014, and an amendment to a bill prohibiting discrimination against LGBT persons in charter schools has not been signed into law.
The U.S. Supreme Court ruling in Lawrence v. Texas (2003) held laws criminalizing consensual homosexual activity between adults unconstitutional.
In State v. Whiteley (2005), the North Carolina Court of Appeals ruled that the crime against nature statute, N.C. G.S. § 14-177, is not unconstitutional on its face because it may properly be used to criminalize sexual conduct involving minors, non-consensual or coercive conduct, public conduct, and prostitution.
The state's sodomy law, though unenforceable, has not been repealed.
North Carolina has recognized same-sex marriages since October 14, 2014, when a federal court decision found the state's denial of marriage rights to same-sex couples unconstitutional. The state formerly banned same-sex marriage and all other types of same-sex unions both by statute and by constitutional amendment until the ban was overturned by a federal court decision.
North Carolina had previously denied marriage rights to same-sex couples by statute since 1996. A state constitutional amendment that was approved in 2012 reinforced that 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.
In September 2011, the North Carolina General Assembly passed North Carolina Senate Bill 514 (2011) which put an amendment banning any form of same-sex unions on the primary election ballot in May 2012. The measure passed on a vote of 30-16 in the state Senate and a vote of 74-42 in the state House.
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