United Church of Christ sues over North Carolina ban on same-sex marriage

CHARLOTTE, N.C. A group of Charlotte-area ministers have helped launch the country's first faith-based challenge to a same-sex marriage ban, claiming in a lawsuit filed Monday that North Carolina's laws block them from practicing their religion.

The local religious leaders, who include a rabbi, are joined by colleagues from Asheville and Raleigh along with a national denomination, the United Church of Christ. All of them support the rights of same-sex couples to marry.

They say state prohibitions, including a constitutional amendment passed by voters in 2012, violate their First Amendment right of freedom of religion.

"The core protection of the First Amendment is that government may not regulate religious beliefs or take sides in religious controversies," says Jonathan Martel, a Washington, D.C., attorney helping with the case.

"Marriage performed by clergy is a spiritual exercise and expression of faith essential to the values and continuity of the religion that government may regulate only where it has a compelling interest."

The lawsuit was expected to be formally announced in 10:30 a.m. Monday press conference at Holy Covenant United Church of Christ. Church pastor Nancy Allison is one of the persons suing Attorney General Roy Cooper and other state officials, asking that the federal courts in the Western District of North Carolina strike the laws down.

It becomes the 66th legal challenge to marriage bans now in the courts, three of them in North Carolina. But it is the first to attack same-sex marriage bans on religious grounds, said Charlotte attorney Jake Sussman, lead counsel for the group.

It also marks the first time an entire denomination has joined the marriage battle. UCC, headquartered in Cleveland, Ohio, has more than 1.1 million members and 5,100 local churches. North Carolina is home to more than 24,000 members and 155 churches, including Holy Covenant in Charlotte and Trinity Reformed in Concord.

Joining the denomination and clergy as plaintiffs are same-sex couples in Charlotte, Asheville, Concord and Huntersville. They say the state laws violate their equal-protection and due-process rights under the 14th Amendment.

Betty Mack and Carol Taylor of Asheville have been in a committed relationship for 41 years, the lawsuit says. The women, both in their 70s, say they want to be married in their Unitarian Universalist church, and that they have requested a license but have been turned down.

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United Church of Christ sues over North Carolina ban on same-sex marriage