SB 2 - Magistrates Recusal for Civil Ceremonies

Date Introduced: 28 January 2015
Author/Sponsor: Philip E. Berger;  (Primary), Chad Barefoot, Andrew C. Brock, Bill Cook, David L. Curtis, Warren Daniel, Jim Davis, Kathy Harrington, Ralph Hise, Joyce Krawiec, E. S. (Buck) Newton, Louis Pate, Ronald J. Rabin, Shirley B. Randleman, Norman W. Sanderson, Dan Soucek, Tommy Tucker, and Trudy Wade 
Date Enacted: 11 June 2015

Description:

• This is another so-called "religious protections" bill that creates exemptions to okay discrimination by public officials. Described by government as: An Act To Allow Magistrates, Assistant Registers Of Deeds, And Deputy Registers Of Deeds To Recuse Themselves From Performing Duties Related To Marriage Ceremonies Due To Sincerely Held Religious Objection.
• 2 February 2015, passed first reading and referred to Committee on Rules and Operations of the Senate.
• 4 February 2015, Withdrawn from Committee and re-referred to Committee on Judiciary I
• 18 February 2015, Withdrawn from Committee and re-referred to Committee on Judiciary II
• 24 February 2015, Committee substitute adopted
• 25 February 2015, passed second reading; passed third reading. North Carolina Senate Votes To Allow Discrimination At The Marriage Bureau - By David Badash, The New Civil Rights Movement
• 27 February 2015, regular message sent to, and received from, the House.
• 31 March 2015, North Carolina's Governor Says He Won't Sign State Senate's 'Religious Freedom' Bill - Jean Ann Esselink, The New Civil rights Movement
• 11 June 2015, per the ACLU, overriding the governor’s veto, the North Carolina legislature ratified a bill (SB2) that will allow magistrates, assistant registers of deeds, and deputy registers of deeds to recuse themselves from performing marriages and issuing marriage license, if they have a sincerely held religious objection. A magistrate, assistant register of deeds, or deputy register of deeds who recuses may not perform any marriages or issue any marriage licenses until the recusal is rescinded in writing. The bill charges the chief district court judge and the register of deeds with ensuring that all individuals are able to receive a marriage license and have their marriage performed if a magistrate, assistant register of deeds, or deputy register of deeds refuses.
• It is expected the enacting of bill into law will be challenged in court on the grounds that it is unconstitutional.