Charlotte Divorce Lawyer Blog
Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”
A memo has been sent by North Carolina’s Administrative Office of the Courts to all magistrates, judges and court clerks in the Tar Heel State warning that if they refuse to officiate same-sex weddings, they may be suspended, removed from office, and may face criminal charges.
According to the memo, refusing to perform same-sex weddings is a willful violation of a magistrate’s duty to uphold the Constitution of the United States.
At least three magistrates in North Carolina have refused to officiate same-sex weddings. On Monday, a magistrate in Elizabeth City refused to perform a marriage ceremony for a male couple. Another magistrate married the couple Tuesday, and according to the Daily Advance, the now-married men do not plan to file a formal complaint against the magistrate who refused them service.
A magistrate in Rockingham County quit his job because he said performing same-sex wedding ceremonies would violate his religious beliefs, according to the Raleigh News & Observer. The Times News reported that an Alamance County magistrate refused to perform same-sex marriages and expected to be out of a job because of the refusal.
The memo from the Administrative Office of the Courts warns that magistrates who “willfully omit, neglect or refuse to discharge any of” their duties “shall be guilty of a Class 1 misdemeanor.”