Hackney delays gay-union vote

Top Democrats say no amendment is needed because state law defines marriage as one man, one woman

Supporters of a constitutional ban on same-sex marriages were elated Tuesday when the proposed amendment appeared to be on its way to a vote of the full state House.

But political maneuvering may yet crush it.

The House Rules Committee approved the amendment and sent it to the full House on Tuesday. Speaker Joe Hackney, an Orange County Democrat, then used his power to delay a vote by sending the bill to the House Judiciary I committee. The committee's chairwoman, Deborah Ross, D-Wake, opposes the measure.

"I'm certainly not encouraging [the committee] to take it up," Hackney said.

Unless House Republicans can figure out a way to force a vote this week, the proposed ban may be dead for two more years.

"This is like a chess match, and the Democrats have just moved," said House Minority Leader Paul "Skip" Stam, an Apex Republican. "It's our move next."

Republicans have pushed the proposal further than it has gone in four years of trying. In previous years, the Democratic-controlled House and Senate let the proposal die quietly.

"This is the most action we've seen on the bill," said John Rustin, a lobbyist for the N.C. Family Policy Council.

Supporters say the constitutional amendment is needed to keep same-sex couples who got married in other states from claiming the same legal status when they move to North Carolina. The measure would need 72 House votes and 30 Senate votes to make it onto a statewide ballot. The Senate has not brought the issue to a committee vote.

More than half the states have added same-sex marriage bans to their constitutions.

But Democratic leaders say the state does not need a constitutional ban because it already has a law that defines marriage as the union between a man and a woman.

"The law is already very clear," Hackney said. "The proponents of this bill have a political agenda."

The proposed ban is a test for Hackney, a first-term speaker, on how he will use his power to direct the flow of legislation and control what the House votes on.

Stam said he was disappointed in Hackney and in House rules that allow him to knock the proposal off track. "The question is, is this a democratic institution or not?" Stam asked.

Ian Palmquist, a lobbyist for Equality NC, a gay advocacy group, said Hackney was "showing leadership in ... making an unpopular decision for the good of the state."

It was somewhat surprising that the ban won approval in a House committee because Democrats in the last election expanded their control of the chamber and have solid majorities on most committees. But several Democrats missed the committee vote on the ban, and three voted with the committee's Republicans, giving it the go-ahead for a full House vote.

"We didn't have our people there," said House Majority Leader Hugh Holliman, a Lexington Democrat. "Caused a little problem. Nothing we couldn't handle."