Marriage Equality in North Carolina: History, Current Laws & What’s Next.
- Carolina Aging Alliance
- Mar 15
- 4 min read
Carolina Aging Alliance is proud to feature guest contributors who bring insight, compassion, and expertise to the lives of LGBTQIA2+ older adults across the Carolinas. Today, we are honored to share the insights of Mike Casterlow. Mike is a native of Greensboro and serves as an attorney at The Elderlaw Firm, specializing in guardianship, estate planning, and long-term care planning.
Marriage Equality in North Carolina: How Far We’ve Come—and What’s Still Ahead.
If you’ve lived in North Carolina over the past decade, you’ve witnessed a powerful shift in how our state recognizes love, family, and equality. Marriage equality has moved from prohibition to protection—but outdated language and gaps in state law still remain.
At Carolina Aging Alliance, we believe understanding this journey is essential for LGBTQIA2+ older adults and their families who want clarity, security, and dignity in their relationships. Let’s take a human-friendly look at where we’ve been, where we are now, and what still lies ahead.
A Look Back: From Ban to Breakthrough.
In 2012, North Carolina voters approved Amendment One, adding language to the state constitution that defined marriage exclusively as between one man and one woman. For LGBTQ+ couples, this amendment denied legal recognition and reinforced stigma against their families.
A turning point came on October 10, 2014, when a federal judge struck down the ban. North Carolina became the 28th state to recognize same-sex marriage. The landmark case was led in part by clergy who argued that denying marriage equality violated religious freedom—a powerful reminder that faith and inclusion can walk hand in hand.
One year later, the U.S. Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Couples across the country finally gained equal access to marriage.
However, while Amendment One became unenforceable, its language was never removed from the North Carolina Constitution. The ban still exists on paper—an outdated remnant that no longer reflects the values or realities of today’s families.
New Federal Protections and Stability
In 2022, Congress passed the Respect for Marriage Act, ensuring that the federal government recognizes marriages that were legal where they were performed. It also requires states to honor same-sex and interracial marriages from other states, providing an important layer of security for families.
In 2025, the U.S. Supreme Court declined to revisit marriage equality, signaling continued national stability and reducing fears of sudden legal reversals.
While these federal protections matter greatly, state laws still play a crucial role in how smoothly and confidently couples can access marriage services.
What North Carolina Is Working to Fix Now
HB 174: The Marriage Equality Act
This bill would update state statutes to clearly define marriage as the union of two consenting adults. It would also remove obsolete language that conflicts with current federal law.
HB 175
This bill seeks to remove Amendment One from the North Carolina Constitution entirely and replace it with explicit protections for marriage equality.
Together, these efforts would align state law with how families already live, love, and build their lives today.
Where Work Still Remains
Clean up the Constitution. Amendment One remains in place and can only be removed through voter approval.
Update state laws. Court decisions alone are not enough—clear, inclusive laws must be written into state statutes.
Ensure consistent service access. A 2015 law allows magistrates to opt out of performing marriages for religious reasons. While counties must still provide the service, this can cause delays in smaller communities.
Prepare for the future. The Respect for Marriage Act protects recognition of marriages but does not require every state to continue issuing marriage licenses if federal protections weaken. State-level reforms remain critical.
Why This Matters for LGBTQIA2+ Older Adults.
For LGBTQIA2+ older adults, marriage equality is about more than symbolism. It affects:
Health care decision-making.
Survivor benefits and Social Security.
Estate planning and inheritance.
Hospital visitation rights.
Long-term care and housing protections.
Legal clarity brings peace of mind—and peace of mind is essential to healthy aging.
Related Carolina Aging Alliance Resources
To learn more about how legal protections intersect with aging, community, and dignity, explore these related posts:
Understanding LGBTQIA2+ Elders’ Unique Challenges in Aging
The Hidden Struggle of LGBTQIA2+ Seniors – Why LGBTQIA2+ Seniors Face Higher Isolation Risks
What Is a Death Doula? Support, Dignity & Care for LGBTQIA2+ Older Adults
Listening, Loving, and Showing Up: How to Be an Ally to LGBTQIA2+ Older Adults
The Bottom Line
North Carolina has come a long way. Families across the state are safer and more protected than they were just ten years ago. Yet until outdated laws are fully removed and replaced, uncertainty remains.
By modernizing state statutes and removing Amendment One from the constitution, North Carolina can ensure that every family has equal protection under the law.
Equality should not exist only in court rulings. It should be something people can count on—clearly, confidently, and permanently.
At Carolina Aging Alliance, we will continue to support policies and education that affirm dignity, security, and healthy aging for LGBTQIA2+ older adults across our state.
Get Involved with Carolina Aging Alliance
You can help strengthen marriage equality and LGBTQIA2+ protections in North Carolina by:
Staying informed about state legislation affecting LGBTQIA2+ older adults.
Supporting organizations that advocate for inclusive aging policies.
Sharing accurate information with your community and elected officials.
Learn more about our advocacy and education efforts at Carolina Aging Alliance.
Mike Casterlow is a native of Greensboro and serves as an attorney at The Elderlaw Firm, specializing in guardianship, estate planning, and long-term care planning. Renowned for his compassionate approach, he holds leadership roles in various organizations, including the Young Lawyers Section of the Greensboro Bar Association, and is also a board member of the Carolina Aging Alliance.
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