LGBTQIA+ RIGHTS
North Carolina’s judiciary plays a crucial role in upholding the rights of LGBTQIA+ residents. In M.E. v. T.J. (2022), the court ruled unconstitutional the exclusion of same-sex couples from domestic violence protections, ensuring equal safety for all. Similarly, Billard v. Charlotte Catholic High School addressed workplace discrimination, affirming that LGBTQIA+ individuals cannot be dismissed based on their sexual orientation, even by religious institutions. These landmark rulings show the power of our courts in securing equality and justice for the LGBTQIA+ community.
LGBTQIA+ Rights on Trial
by Beatrice Beaubrun, Deputy Director at North Carolina For The People
Thursday, September 26, 2024
The fight for LGBTQIA+ rights in North Carolina has been a long and challenging journey, marked by both victories and setbacks. While the federal landscape has changed, thanks to decisions like Obergefell v. Hodges which allowed same-sex marriage across the country in 2015, North Carolina's constitutional and legislative battles continue to pose obstacles. Through landmark cases soon to be mentioned, brave individuals have stood up to challenge discrimination, proving that progress is possible even in the face of adversity.
One such victory came in M.E. v. T.J., where a same-sex couple faced discrimination in seeking domestic violence protections. M.E., a woman in a same-sex relationship, couldn’t obtain a protection order when her ex-partner became violent after the breakup simply because the law only protected opposite-sex couples. Imagine fearing for your safety and being denied protection solely based on your relationship and your decision to end it. In M.E.’s case, her former partner’s physical and emotional abuse escalated after their breakup, leaving her vulnerable with no legal recourse under the current law. Thankfully, the court ruled in her favor, expanding protections to all couples. Learn more about this case here.
Another milestone case was Lonnie Billard v. Charlotte Catholic High School. Lonnie Billard, a passionate and well-loved drama teacher, was fired after he joyously announced his engagement to his same-sex partner on Facebook. His firing came as a shock to the students and faculty who respected and admired him. Despite his dedication to education, he was discriminated against by a religious institution under the guise of religious freedom. The court sided with Billard, deeming his termination to be a violation of Title VII, which protects employees from discrimination based on sex. Billard’s resilience and determination underscore the importance of legal protections in employment for LGBTQIA+ individuals. You can read more about his case here.
In the fight for marriage equality, Gerber and Berlin v. Cooper, Ellen Gerber and Pearl Berlin were a same-sex couple who had been together for 48 years. They challenged North Carolina's ban on same-sex marriage, asserting that it violated their constitutional rights. The couple, who met in the 1960s, fought to have their love legally recognized, enduring the discriminatory Amendment One, which banned same-sex marriage in the state. Following the 2015 U.S. Supreme Court decision in Obergefell v. Hodges, their love story was celebrated as they finally achieved the legal recognition they long deserved. Their journey, like many others, highlights the ongoing fight for full equality. You can read more about their inspiring story here.
In Zayre-Brown v. North Carolina Department of Adult Correction, Zayre-Brown, a transgender woman, fought for access to necessary medical care while incarcerated. Her case brought attention to the need for healthcare and protection of transgender individuals within the prison system. Zayre-Brown, who has faced constant challenges in receiving gender-affirming care, took her fight to court, demanding the treatment she was entitled to but repeatedly denied. Her courage has set a precedent in advocating for the humane treatment of incarcerated transgender individuals. Learn more about this case here.
While victories have been achieved, the landscape for LGBTQIA+ rights in North Carolina remains uncertain. From employment discrimination to domestic violence protections, the state’s legal battles continue to shape the everyday lives of LGBTQIA+ individuals.
These cases are just a few examples of how individuals are standing up for their rights, not just for themselves but for everyone in the LGBTQIA+ community. Their stories remind us that the judiciary can be a critical force for progress. Electing judges who uphold equality and constitutional protections is essential to ensuring that the rights of LGBTQIA+ individuals are respected and protected.
The progress we’ve made is undeniable, but the road ahead is filled with more obstacles. Now more than ever, it’s critical that we continue to push for legal reforms, elect judges who understand the weight of civil liberties, and support organizations like the ACLU of North Carolina and Equality NC, who work tirelessly to defend LGBTQIA+ rights.
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With every court ruling that upholds dignity and fairness, we move closer to a more inclusive North Carolina. But as the personal stories of M.E., Lonnie, Ellen, Pearl, and Zayre-Brown remind us, the journey continues. It’s not just about laws — it’s about real people, real lives, and real love.
Equality North Carolina offers a broad range of resources aimed at supporting the LGBTQIA+ community across various areas. They provide anti-racism tools, including guides for white people to address systemic racism. Legal resources like those from the ACLU and Lambda Legal help LGBTQ+ individuals with legal challenges, while informational and educational materials, including hormone therapy clinics and gender-sexuality support in schools, foster inclusivity. Additionally, the organization supports youth and families through advocacy programs and offers healthcare resources focused on aging and intimate partner violence within the LGBTQ+ community.
The Southern Coalition for Social Justice (SCSJ) is committed to addressing the intersection of LGBTQ+ rights and broader social justice issues. Their "Social Justice is Queer Justice" initiative focuses on the ways marginalized communities, including Southern LGBTQ+ populations, are impacted by systemic challenges like voting rights, incarceration, and housing insecurity. SCSJ provides essential resources such as guides on "Voting While Queer," "Incarcerated While Queer," and "Sheltering While Queer." They also offer practical resources like name change guides and brochures to assist individuals in navigating legal and social systems.