North Carolina: Second Federal Judge Rules Same-Sex Marriage Ban Unconstitutional

BREAKING: 2nd federal judge declares #NC marriage ban unconstitutional. Statement to follow. #LoveWinsAgain #DayOneNC

— ACLU-North Carolina (@ACLU_NC) October 14, 2014

From QNotes:

A federal judge in Greensboro, N.C., has ruled that the North Carolina’s anti-LGBT marriage amendment is unconstitutional, but will also allow the state’s top Republican legislative leaders to intervene in their continuing effort to defend the constitutional ban.

U.S. District Court Judge William Osteen issued his order Tuesday, following fellow federal Judge Max Cogbburn’s ruling on Friday overturning the amendment and opening legal marriage to same-gender couples across the state.

From WRAL:

Chief U.S. District Court Judge William Osteen Jr. issued an order granting requests by House Speaker Thom Tillis and Senate leader Phil Berger seeking to intervene in the cases. Osteen's order follows a separate ruling Friday by U.S. District Court Judge Max O. Cogburn Jr. declaring the ban unconstitutional, triggering a rush of joyful same-sex couples getting legally married.

Osteen agreed with Cogburn that a July ruling by the 4th U.S. Circuit Court of Appeals in Virginia required that North Carolina's ban must be struck down. However, he differed on whether the Republican leaders should be allowed to enter the cases. The state's Democratic attorney general has concluded any further defense of the prohibition would be futile.

"In reaching this conclusion, this court is not expressing an opinion on the relative merits or demerits of any appeal, only that there is an appeal right that a party with arguable standing and interest has sought to preserve," wrote Osteen, who was appointed to the bench by President George W. Bush.