Judge strikes down North Carolina gay marriage ban

October 11, 2014 09:35 am | Updated November 16, 2021 07:12 pm IST - RALEIGH, North Carolina

A federal judge in North Carolina struck down the state’s gay marriage ban Friday, opening the way for the first same-sex weddings in the state to begin immediately.

U.S. District Court Judge Max O. Cogburn, Jr., issued a ruling declaring the ban approved by state voters in 2012 unconstitutional.

Mr. Cogburn’s ruling follows Monday’s announcement by the U.S. Supreme Court that it would not hear any appeal of a July ruling by the 4th Circuit Court of Appeals striking down Virginia’s ban. That court has jurisdiction over North Carolina.

“North Carolina’s laws prohibiting same-sex marriage are unconstitutional as a matter of law,” wrote Mr. Cogburn. “The issue before this court is neither a political issue nor a moral issue. It is a legal issue.”

Though Mr. Cogburn’s federal judicial district only covers the western third of the state, North Carolina Attorney General Roy Cooper said through a spokeswoman that the federal ruling applies statewide. Mr. Cooper had previously decided not to continue defending the ban after concluding that all possible legal defenses had been exhausted. He declined to be interviewed.

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