Public Employment Law Bulletin #39

On May 8, 2012, North Carolina voters approved an amendment to the North Carolina Constitution making marriage between a man and a woman the only "domestic" union that can receive legal recognition in the state. The question arises with the adoption of Amendment One whether the extension of benefits to same-sex couples by public employers is now unlawful. This bulletin looks at the law the courts will have to apply to determine whether Amendment One extends to employee benefit plans.