Casey Blake

cblake@citizen-times.com

ASHEVILLE It's no longer a matter of if same-sex marriage will become legal in North Carolina, but when.

That was the call sent out by same-sex marriage advocates Monday, then echoed by North Carolina Attorney General Roy Cooper.

The 4th U.S. Circuit Court of Appeals in Richmond ruled Monday that Virginia's same-sex marriage ban is unconstitutional, a decision that could overturn Amendment One in North Carolina. Immediately following the ruling, Cooper announced that state would drop its opposition to lawsuits challenging the constitutionality of the statewide ban, effectively paving the way for same-marriage to become legal in the state.

"Today we know our law almost surely will be overturned," Cooper said Monday in a press conference. "Simply put, it's time to stop making arguments we will lose and move forward."

"This doesn't mean that same-sex marriages can start today, but it does predict that our law will be struck down," he said.

"This is very significant, to hear Attorney General Cooper say he will no longer defend this law," said Rev. Jasmine Beach-Ferrara, executive director of the Asheville-based Campaign for Southern Equality.

"It means that marriage equality is coming," Beach-Ferrara said. "We can see it on the horizon. Now it's just a matter of when, and we hope that will be as quickly as possible."

In Monday's 2-1 opinion, the judges ruled that Virginia's constitutional and statutory provisions barring gay marriage and denying recognition of such unions performed in other states violate the U.S. Constitution. The defendants are likely to ask for the ruling to be stayed pending more appeals to the full 4th circuit and the U.S. Supreme Court; otherwise, marriage licenses to same-sex couples could begin to be issued in 21 days.

Cooper said the state "will not oppose" the cases challenging the constitutionality of Amendment One, and that the state will "acknowledge the Fourth Circuit Court opinion."

Cooper has said he personally supports marriage equality but his personal views would not prevent him from vigorously defending North Carolina's constitutional amendment against such marriages in state lawsuits.

"There are really no arguments left to be made," Cooper said, adding that the decision was made, "solely on the futility of the legal arguments made by the state," and not based on his personal opinions.

Gay marriage proponents have won more than 20 legal decisions around the country since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year. Most are still under appeal. More than 70 cases have been filed in all 31 states that prohibit same-sex marriage. Nineteen states and the District of Columbia allow such marriages.

The 4th Circuit decision also will apply to other states in the circuit when the decision becomes final in 21 days, providing that the court does not issue a stay at the request of the supporters of Virginia's gay marriage ban.

Cooper said Monday that four cases challenging Amendment One were currently in play, three of which were stayed and one which is pending.

That case is General Synod of the United Church of Christ vs. Cooper, was filed in April in the Western District of North Carolina on behalf of the United Church of Christ (UCC) as a national denomination. Several clergy from various faith traditions and same-sex couples also were part of the original suit. Attorneys filed documents Tuesday in federal district court to formally amend the complaint.

The case challenges the constitutionality of N.C. marriage laws — including Amendment One — on the grounds that the state effectively makes it "illegal" for clergy to perform wedding ceremonies for same-sex couples within their congregations. The case is the only one to bring First Amendment religious freedom claims among the more than 70 marriage equality cases pending in courts nationally.

Beach-Ferrara said the campaign will continue to move forward with the national "We Do" campaign actions.

The Associated Press contributed to this report.

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The Campaign for Southern Equality will hold a meeting at 6 p.m. Monday to discuss what that ruling means for states in the 4th Circuit. The meeting will be held at First Congregational UCC, 20 Oak Street in Asheville.