On April 11, North Carolina legislatures filed House Bill 780, also known as the “Uphold Historical Marriage Act.” This bill is a direct attack on the civil rights same-sex couples fought for and finally achieved in 2015.
Now, House Bill 780 has been left to die at the hands of Republican House Speaker Tim Moore, who said, “There are strong Constitutional concerns with the bill.”
Speaker Moore is saying he believes the bill is unconstitutional. Americans can agree, with North Carolina lawmakers creating bills like House Bill 780, the recent “Bathroom Bill” and others, the state is treading a dangerous line in American democracy.
House Bill 780 is in response to the landmark 2015 Supreme Court case Obergefell v. Hodges, which legalized nationwide same-sex marriage. North Carolina lawmakers’ goal with House Bill 780 was to “null and void” the Supreme Court decision in the state of North Carolina because of an amendment in their state constitution that negates the federal constitution.
The 10th Amendment of the United States Bill of Rights says if there is a law not addressed by the Constitution then it is reserved to the states. North Carolina added an amendment to their state constitution in 2012, three years before Obergefell, that said, “only a marriage between a man and a woman ‘shall be valid or recognized’ in the state.” Then, in 2015, the Supreme Court decided on the marriage issue at the federal level, now North Carolina’s State Constitution Amendment is “null and void,” not the other way around. When lawmakers oppose court decisions and question democracy, they become a threat. They become a hazard to American democracy and the American people.
Lawmakers who believe they can create legislation based on what they think is right or wrong, regardless of what our Founding Fathers wrote in the Constitution, need never hold office. The people who are supposed to be in office are there because they know the laws, how the government works and they want to be their constituents’ voices.
Justice Anthony Kennedy wrote in his majority opinion, “the right to marry is a fundamental right inherent in the liberty of the person.” That is a phrase, an intellectual thought, that every American can take solace in. No matter who they love, they can marry any human being they want, because it is their right and their liberty. They are free to marry and spend their days with whomever they please. There are elected officials trying to invalidate that, and that should scare every single American.
Democracy may not be perfect, but it is proven to be the best way to run a successful country. Americans are lucky to live under democracy each day of their lives. When our democracy is threatened, we need to show our voices in a respectable way, at the ballot box.
Oswego State is not located in North Carolina, but this is still New York’s problem. Once a state begins to pass legislation that threatens our democracy, people will see democracy go down like a Jenga tower.
It might be early, but this November is still an important election year, just like every other year. Go out, register and be ready to vote for representatives who will respect our Constitution, respect our democracy and respect you.