Casey Blake

cblake@citizen-times.com

ASHEVILLE – A group of clergy members and couples from Western North Carolina filed a federal challenge to Amendment One and other state bans on same-sex marriage Monday morning in the first case of its kind to cite religious freedom.

The lawsuit, filed Monday in federal court in Charlotte, challenges the constitutionality of marriage laws in North Carolina that ban same-sex marriages, and make it illegal for clergy to perform wedding ceremonies for same-sex couples.

Asheville reverends Joe Hoffman and Mark Ward are both plaintiffs in the lawsuit, which includes a dozen clergy members and six couples. Advocates say the case is the first one in the country to bring First Amendment religious freedom claims, among the 66 marriage equality cases pending in courts nationally.

"The basic issue for me, as a pastor, is that when not everyone is allowed to participate fully in ministries and blessings of the church, it inhibits my freedom to do what my faith tradition allows me to do," said Hoffman, senior minister of First Congregational United Church of Christ in Asheville. "My faith allows me to marry all mutual, loving couples who wish to be married, and performing that marriage is an act of religious freedom.

"When we marry someone, we ask the congregation to support them and help them on their way," Hoffman said. "Spiritually and liturgically, having that community present and having people say those vows in front of each other, that's a part of my faith tradition."

The plaintiffs announced the case, General Synod of the United Church of Christ v. Cooper, at Holy Covenant United Church of Christ in Charlotte Monday morning. They are represented by the law firms Tin Fulton Walker & Owen and Arnold & Porter LLP.

A spokesperson for Attorney General Roy Cooper said the office does not typically comment on pending litigation, but referenced an earlier statement from Cooper.

"North Carolina should change its laws to allow marriage equality and I believe basic fairness eventually will prevail," the statement read. "However, when legal arguments exist to defend a law, it is the duty of the Office of the Attorney General under North Carolina law to make those arguments in court."

Also included in the list of 21 plaintiffs are two local couples — Diane Ansley and Cathy McGaughey, a couple of 14 years who attend Hoffman's church; and Carol Taylor and Betty Mack, a couple of 41 years, who attend the Unitarian Universalist Congregation of Asheville.

Hoffman announced to his congregation Sunday that he would be traveling to Charlotte for a special announcement, prompting a surprise proposal from McGaughey.

"It totally caught me off guard," Ansley said. "I knew we were going to talk generally about the [lawsuit] and I had a little speech planned, but before I knew it Cathy was grabbing the mic and getting down on one knee."

McGaughey presented Ansley with a flashing Ironman ring, followed by a standing ovation from the congregation.

"I told her I didn't want a diamond and I like the Ironman movies, so I guess this is what she came up with," Ansley said with a laugh. "I accepted, through my tears. It was an incredible moment."

Ansley and McGaughey, who live in Old Fort, have been together since December 1999. They are both members of First Congregational United Church of Christ, where McGaughey serves on the church's executive board. McGaughey works as an accounts receivable specialist and bookkeeper, and Ansley is a retired law enforcement officer who works for a physician as a patient scheduler and medical records custodian.

The couple say they've discussed marrying out of state, but felt it was important to have the ceremony in their home church. McGaughey said the lawsuit gave her new hope, spurring the proposal.

"I was born here, my parents were married in this sanctuary and my mother was baptized here," McGaughey said. "It's where we live and pay taxes… this is just where we want to be married."

Carol Taylor and Betty Mack both attend the Unitarian Universalist Congregation of Asheville. They have been in a committed relationship for 41 years, according to the lawsuit.

Taylor is a retied professor, former editor of Mother Earth News in Hendersonville and publisher at Lark Books in Asheville. Mack is a retired teacher and professor as well.

Last summer the U.S. Supreme Court ruled in United States v. Windsor that the federal government must recognize marriages of same-sex couples. General Synod of the United Church of Christ v. Cooper joins the ranks of two cases filed by the ACLU in North Carolina's Middle District that ask federal courts to act quickly to overturn Amendment One.

In recent months, federal courts in Utah, Oklahoma, Virginia, Tennessee, Ohio, Texas, Kentucky have found bans on state marriage to be unconstitutional.

North Carolina voters approved Amendment One, a constitutional amendment defining marriage as legal only between one man and one woman, in May 2012. The amendment passed 61-39 percent.

"Even when these laws were passed, I think those who supported it knew it was for a short time," Hoffman said. "This is not how we want to be a community. It's time for this."

A full list of plaintiffs in General Synod of the United Church of Christ v. Cooper include the following parties:

• The General Synod of the United Church of Christ;

• Rev. Joe Hoffman, First Congregational United Church of Christ in Asheville; Diane Ansley and Cathy McGaughey, a couple of 14 years who attend FCUCC;

• Rev. Mark Ward, Unitarian Universalist Congregation of Asheville; Carol Taylor and Betty Mack, a couple of 41 years, who attend UUC of Asheville.

• Rev. Nancy Ellett Allison, Ph.D, Holy Covenant United Church of Christ; Lisa Cloninger and Kathleen Smith, a couple of 12 years, who attend Holy Covenant UCC;

• Rabbi Jonathan Freirich; Joel Blady & Jeff Addy, who seek to marry;

• Rev. Nathan King, Trinity United Church of Christ (Concord); Shauna Bragan and Stacy Malone, who attend Trinity UCC;

• Rev. Nancy Kraft, Holy Trinity Lutheran Church (Charlotte); Cathy Fry and Joanne Marinaro, a couple of 28 years, who attend Holy Trinity;

• Rev. Nancy Petty, Pullen Memorial Baptist Church; and

• Rev. Robin Tanner, Piedmont Unitarian Universalist Church (Charlotte);