Now that Amendment One has gone into effect, many LGBT people across North Carolina have asked us what it means for them. There are still many questions about what Amendment One means legally; it is likely that we will not know definitively until the courts weigh in. Until that time, here is some basic information about your rights.
Amendment One does not impact your:
- Health Care Power of Attorney
- Durable Power of Attorney
- Will
- Hospitable Visitation Form
- Child Custody Order
We have heard from many people who are afraid that these legal documents, agreements, or court orders have been invalidated by Amendment One. However, at this juncture, that is not the case.
To answer additional questions, provide updates about key developments and help our community navigate the realities of Amendment One, CSE will:
- update this web page as there are new developments and more information;
- continue to host a series of free Community Law Workshops at which volunteer attorneys will provide in-depth information about your rights, co-hosted with partner organizations; and
- maintain a mapping system through which you can report discrimination or harm that you experience because of Amendment One.
For more information, check out “The Limited Impact of Amendment One,” produced by the ACLU of NC.
If you are employed by an employer or municipality that offers benefits to same-sex couples, pay close attention to any developments or announcements regarding a change in benefit plans. In June 2012, UNC-CH’s Institute of Government published this analysis finding that public employers can still offer domestic partnership benefits.
Why Estate Planning Matters:
If you haven’t completed these important documents , it’s important to do so as soon as possible, whether you are single or partnered. These documents will help you protect your rights and wishes:
- Health Care Power of Attorney
- Durable Power of Attorney
- Will
- Hospitable Visitation Form
For LGBT people and their families, estate planning is a tool that can be used to secure basic rights that many take for granted. Estate planning makes clear your wishes for treatment during emergencies, at the end of your life, and beyond. Download and complete the forms yourself and register your completed documents at: NC Secretary of State Advance Health Care Directory
Statutory Short Form Power of Attorney
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-1.html
Health Care Power of Attorney and Advance Directive
http://www.southernequality.org/wp-content/uploads/2012/07/NC-Health-Care-Power-of-Attorney.pdf
If you experience discrimination or bias because of Amendment One:
Amendment One enshrines discrimination in NC’s Constitution. If you experience discrimination or harm that you believe is related to Amendment One, other discriminatory laws, or anti-LGBT bias, please report it here so we can track and document such incidents. You can learn about additional resources at CSE’s LGBT Rights Toolkit.
