Minutes 03-17-2015 - Laserfiche WebLink

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WHEREAS, members of the General Assembly have asserted that requiring magistrates to fulfill their statutory duties consistent with their oath to support the Constitution of the United States may conflict with an individual's personal beliefs; and WHEREAS, members of the General Assembly are considering legislation to exempt magistrates from fulfilling their statutory duties to comply with the U.S. Constitution, and to discriminate against same-sex couples seeking to marry; and WHEREAS, such legislation will violate the constitutional rights of our residents, and once again institutionalize discrimination and division through the laws of our state; and WHEREAS, we respect the sincerely held religious beliefs of our residents, but are committed to the fundamental constitutional principle of the separation of Church and State, and insist, as James Madison wrote, that "The civil rights of none shall be abridged on account of religious belief." NOW THEREFORE BE IT RESOLVED: That the Orange County Board of Commissioners is opposed to, and urges the General Assembly to reject any legislation, that seeks to exempt any government employee or agent from fulfilling their constitutional duties, including but not limited to guaranteeing the right to marry for same-sex residents of North Carolina; and BE IT FURTHER RESOLVED: That the Orange County Board of Commissioners deeply opposes discrimination, prejudice, and homophobia, and supports preserving and protecting the constitutional rights and equal treatment of all residents; and BE IT FURTHER RESOLVED: That, if this discriminatory legislation should pass, the Orange County Board of Commissioners directs the County Manager and County Attorney to collaborate with other governmental entities and community partners to directly participate in any litigation seeking to challenge such legislation. A motion was made by Commissioner porosin, seconded by Commissioner Jacobs to adopt this resolution. Chair McKee said this is outside of the normal petition policy and procedures; however, due to the timeframe, he would allow the Board to move forward if they so chose. Commissioner Pelissier said she understood that 78 magistrates out of 100 counties went to Raleigh last week to oppose this bill. Chair McKee asked if Commissioner porosin would accept a friendly amendment to retract the words "directs the County Manager and County Attorney" and replace this with "will investigate and consider collaboration with other governments." He said the reasoning is to avoid binding future boards to any action, and to make this more transparent and inclusive. Commissioner porosin said he thought this would happen anyway under the language that was written. He wanted to emphasize that they are committed to these principles, and the only check on this is litigation. He asked John Roberts for his input on the language as written. John Roberts said he would interpret this as meaning that if someone files litigation to oppose this, he would join that litigation, after consultation with the Board. Commissioner porosin said he would prefer not to change the language.