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HomeMy WebLinkAboutRES-2015-018 Resolution urging the General Assembly to reject any legislation that seeks to exempt any government employee or agent from fulfilling their contitutional duties R ES-2015-018 ORANGE COUNTY BOARD OF COMMISSIONERS Whereas Orange County,North Carolina, is a community dedicated to the principles of equality, non- discrimination, and full inclusion and engagement by any resident in the civil rights, benefits and privileges of all residents; and Whereas, legal rulings by the U.S. Supreme Court and the U.S. Court of Appeals have determined that the denial of equal rights for same-sex residents of North Carolina is unconstitutional, and that those residents have the right to marry; and Whereas, in the wake of these rulings, the North Carolina Administrative Office of the Courts, has determined that the state's judicial magistrates, who are bound by their oath of office to "support the Constitution of the United States," cannot deny any same sex couple their constitutional rights to due process and equal protection by refusing such couples the right to marry; and Whereas, members of the General Assembly have asserted that requiring magistrates to fulfill their statutory duties consistent with their oath to support the Constitution of the United States may conflict with an individual's personal beliefs; and Whereas members of the General Assembly are considering legislation to exempt magistrates from fulfilling their statutory duties to comply with the U.S. Constitution, and to discriminate against same-sex couples seeking to marry; and Whereas such legislation will violate the constitutional rights of our residents, and once again institutionalize discrimination and division through the laws of our state; and Whereas, we respect the sincerely held religious beliefs of our residents, but are committed to the fundamental constitutional principle of the separation of Church and State, and insist, as James Madison wrote, that"The civil rights of none shall be abridged on account of religious belief." NOW THEREFORE be it resolved: That the Orange County Board of Commissioners is opposed to, and urges the General Assembly to reject any legislation, that seeks to exempt any government employee or agent from fulfilling their constitutional duties, including but not limited to guaranteeing the right to marry for same-sex residents of North Carolina; and Be it further resolved: That the Orange County Board of Commissioners deeply opposes discrimination, prejudice, and homophobia, and supports preserving and protecting the constitutional rights and equal treatment of all residents; and Be it further resolved: That, if this discriminatory legislation should pass, the Orange County Board of Commissioners directs the County Manager and County Attorney to collaborate with other governmental entities and community partners to directly participate in any litigation seeking to challenge such legislation. This the 17th Day of March 2015. Earl McKee, Chair Orange County Board of Commissioners