Ballot Battle Is On: North Carolina Will Vote on Marriage Ban

Gay rights groups are already promising a fight in North Carolina, where state lawmakers decided today to put marriage equality up for a vote. But they face a new obstacle created by the odd timing of the referendum, to come in May 2012.

The state Senate quickly passed the ballot measure today by a 30-16 vote, following a 75-42 vote in the House on Monday. Because it's a ballot question, the governor has no opportunity to step in and veto the measure, which amends the state constitution to define marriage as a union between one man and one woman -- even though state law already does the same.

"The campaign to defeat this amendment at the ballot box begins today," said Equality North Carolina interim executive director Alex Miller in a statement. Miller called the loss in the legislature "a temporary barrier against the inevitable tide of acceptance and equality."

The timing of the ballot initiative could have significant impact. The version of the bill that passed moves the vote earlier than expected, from November 2012 to May 2012. That gives organizers on both sides less time and will make it more difficult to get people to the polls without a presidential election also on the ballot.

Social conservatives might have a slight advantage in getting out their voters because the referendum will have the same date as the Republican Party's presidential primary.

"Politically scheming to put such a cruel and discriminatory measure on a low-turnout Republican presidential primary ballot is a sham designed to circumvent the majority of North Carolina voters, who polls say, oppose this amendment and the injury it will inflict not just on families, but the state," said Marc Solomon, national campaign director for Freedom to Marry.

Holding the vote in May also means that by the time the Democrats arrive in September (with the world's media in tow) for their national party convention, the state could be reeling from the effect of a vote on civil rights. Gay rights advocates could be celebrating the first time one of these initiatives has been turned back at the ballot box. Or, like the situation after California's Proposition 8 passed in 2008, there could be a series of protests by gay rights supporters spreading across the country.

"At a time when all North Carolina families are worrying about job losses and cuts in education, it is unconscionable that the legislature add additional stress to a segment of those families," said Human Rights Campaign president Joe Solmonese in a statement. "Neighbors are no longer willing to be pitted against one another over these issues. When ballots are cast in May 2012, we are confident North Carolinians will not be persuaded to limit the rights of their friends and family to such a degree."

Both HRC and Equality North Carolina had organized letter-writing campaigns in the state and planned a protest today outside the Capitol. Perhaps hinting at a strategy to come, the groups questioned the ballot's proposed language. They suggest it might also outlaw civil unions and domestic partnerships -- both of which tend to show greater support in polls than marriage.