Despite Amendment One, city of Asheville will continue domestic partner benefits

Despite the passage of Amendment One in May, declaring that “marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State,” the city of Asheville will continue to offer domestic partner benefits to its employees.

During the debate over Amendment One, both supporters and opponents asserted that it would invalidate the domestic partner benefits passed by Asheville and a number of other local governments around the sate.

But after the amendment’s passage, City Attorney Bob Oast said that understanding its impact on the city’s benefits required more study. Cheryl Howell, a professor of public law at the UNC School of Government also noted shortly after the amendment’s passage that “nobody knows anything for certain” due to the lack of clarity in its language, especially the unclear definition of “domestic legal union.”

Now the city has decided to forge ahead.

“If you want to know whether the city will continue to administer its domestic partner policy the same as if Amendment One did not pass, the answer is yes,” Assistant City Attorney Martha McGlohon tells Xpress. She adds that she expects the state attorney general’s office to soon issue an opinion clarifying the effect of Amendment One on municipalities.

In a public law bulletin released by Durham’s Independent Weekly, School of Government professor Diane Jaffras asserts that Amendment One leave such benefits intact.

“In my opinion, Amendment One does not take away the authority of North Carolina local government employers to offer domestic partner benefits,” she writes. “But we won’t know the answer for sure until the courts, when called upon, rule.”

SHARE

Thanks for reading through to the end…

We share your inclination to get the whole story. For the past 25 years, Xpress has been committed to in-depth, balanced reporting about the greater Asheville area. We want everyone to have access to our stories. That’s a big part of why we've never charged for the paper or put up a paywall.

We’re pretty sure that you know journalism faces big challenges these days. Advertising no longer pays the whole cost. Media outlets around the country are asking their readers to chip in. Xpress needs help, too. We hope you’ll consider signing up to be a member of Xpress. For as little as $5 a month — the cost of a craft beer or kombucha — you can help keep local journalism strong. It only takes a moment.

Before you comment

The comments section is here to provide a platform for civil dialogue on the issues we face together as a local community. Xpress is committed to offering this platform for all voices, but when the tone of the discussion gets nasty or strays off topic, we believe many people choose not to participate. Xpress editors are determined to moderate comments to ensure a constructive interchange is maintained. All comments judged not to be in keeping with the spirit of civil discourse will be removed and repeat violators will be banned. See here for our terms of service. Thank you for being part of this effort to promote respectful discussion.

One thought on “Despite Amendment One, city of Asheville will continue domestic partner benefits

Leave a Reply

To leave a reply you may Login with your Mountain Xpress account, connect socially or enter your name and e-mail. Your e-mail address will not be published. All fields are required.