NC House Bill: U.S. Supreme Court Exceeded Authority of 'Almighty God' in Creating Gay Marriage

By Michael W. Chapman | April 12, 2017 | 4:24 PM EDT

(AP photo.) 

(CNSNews.com) -- Members of the North Carolina General Assembly introduced a bill on Tuesday, citing the 10th Amendment, which affirms that the U.S. Supreme Court exceeded its authority under the Constitution and in relation to the "decree of Almighty God" by legalizing same-sex marriage, and contends that the Obergefell v. Hodges decision "is null and void" in North Carolina and that the Tar Heel state shall only recognize marriages between one man and one woman.

The legislation explains that North Carolina seeks to follow the 2012 law that was established in Section 6 of Article XIV of the North Carolina Constitution, which defines marriage as being between one man and one woman. The new bill would also affirm that same gender marriages performed in other staes are not valid in North Carolina. 

The legislation, H.B. 780, the Uphold Historical Marriage Act, was sponsored by N.C. House members Larry Pittman (R-Cabarrus), Michael Speciale (R-Beaufort), and Carl Ford (R-Rown). 

(AP photo.) 

The bill states it is "an act to affirm that Section 6 of Article XIV of the North Carolina Constitution is the law of the state." 

The bill, in part reads: 

"Whereas, the 10th Amendment of the United States Constitution states that ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people’; and

"Whereas, the enumerated powers of the federal government, as outlined in the United States Constitution, do not include the authority or power to establish laws concerning marriage; and

"Whereas, it is, therefore, clear that laws concerning marriage are for each state to establish and maintain severally and independently; and

"Whereas, the People of the State of North Carolina approved the Marriage Amendment of 2012, which is now included as Section 6 of Article XIV of the North Carolina Constitution, with a 61% affirmative vote; ....

"Whereas, the United States Supreme Court overstepped its constitutional bounds when it struck down Section 6 of Article XIV of the North Carolina Constitution in its Obergefell v. Hodges decision of 2015; and

"Whereas, the ruling of the United States Supreme Court not only exceeds the authority of the Court relative to the State of North Carolina and a vote of the People of the State on an issue pertaining solely to the State of North Carolina and the People of North Carolina but also exceeds the authority of the Court relative to the decree of Almighty God that "a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh" (Genesis 2:24, ESV) and abrogates the clear meaning and understanding of marriage in all societies throughout prior history;

(AP photo.) 

"Now, therefore, The General Assembly of North Carolina enacts: SECTION 1. G.S. 51-1.2 reads as rewritten:

"... Marriages between persons of the same gender are not valid.

"(a) The General Assembly of the State of North Carolina declares that the Obergefell v. Hodges decision of the United States Supreme Court of 2015 is null and void in the State of North Carolina, and that the State of North Carolina shall henceforth uphold and enforce Section 6 of Article XIV of the North Carolina Constitution, the opinion and objection of the United States Supreme Court notwithstanding.

"(b) Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina."

North Carolina's Gov. Roy Cooper, a Democrat, tweeted on April 11, "This bill is wrong. We need more LGBT protections, not fewer." 

Michael W. Chapman
Michael W. Chapman
Michael W. Chapman