North Carolina Republicans are trying to pass a state version of the Defense of Marriage Act (DOMA) that has been referred to as an "anti-gay SUPER DOMA." Gay rights activists have argued it will not allow corporations in North Carolina to offer health, life insurance and other benefits to employees in domestic partnerships.
Republicans are adamant that the legislation will not prevent businesses from treating same sex couples equally, while others in North Carolina lament the negative message sent to the gay community, and its negative impact on North Carolina's attempts to attract and retain talent in creative fields of employment.
Judiciary committee chairman Sen. Pete Brunstetter, R-Forsyth, said in an interview the new language is intended to show "what this amendment is about is same-sex marriage ... the specific things that have motivated the sponsors. It's not about private contractual relationships from private companies to private individuals."North Carolina legislators are going to make a decision whether they value freedom and diversity or want a reputation as a narrow, bigoted state where the LGBT community is not welcome
Holning Lau, a professor at the University of North Carolina School of Law in Chapel Hill, said the language would preserve the ability of private companies to offer same-sex benefits. But Lau, who co-authored a paper examining legal ramifications of a marriage amendment, said the revised amendment would still hamper the ability of private employers in North Carolina to attract and retain workers in creative fields who "prefer to work and live in places that embrace diversity and are inclusive of gays and lesbians."
Also, Lau wrote in an email, the "new language still threatens local governments' domestic partner benefits and registries, statewide domestic violence protections and possibly child custody and visitation laws."
