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Bill Summary · SB 1025

Summary: SB 1025 (2025 Session) – Constitutional Repeal of Art. XIV Sec. 6 (North Carolina)

Purpose and Intent

  • The bill proposes to amend the North Carolina Constitution by repealing Section 6 of Article XIV, which currently recognizes marriage between one man and one woman as the only domestic legal union valid or recognized by the state.
  • In effect, the bill would remove the constitutional definition restricting marriage to opposite-sex couples, aligning with broader recognition of same-sex marriages and other legal unions under state authority.

Key Provisions

Section 1 – Constitutional Amendment

  • Rewrites Article XIV, Section 6:
    • Current language targeted for repeal/rewriting states: “Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.”
    • Proposed replacement: The section would be repealed/recast to remove the exclusive prohibition, thereby allowing other forms of domestic legal unions to be recognized or not restricted by the Constitution. The text provided suggests a framework that would permit recognizing various private contracts and court adjudications of private-party rights, without the constitutional constraint on marriage as the sole domestic legal union. (Note: The exact statutory/regulatory interpretation after repeal would be shaped by subsequent law outside the constitutional text.)

Section 2 – Ballot Qualification and Election Timing

  • The amendment to repeal the prior constitutional provision would be put to voters at the General Election in November 2026.
  • The vote would appear on ballots as:
    • “ FOR AGAINST Constitutional amendment to repeal a constitutional provision that recognizes marriage between one man and one woman as the only domestic legal union that is valid and recognized in this State.”
  • The election would follow the state’s existing election laws and use voting systems as permitted under Chapter 163 of the General Statutes.

Section 3 – Effective Date Upon Ratification

  • If a majority of voters votes in favor, the State Board of Elections would certify the amendment to the Secretary of State.
  • The amendment would become effective on January 1, 2027.
  • The Secretary of State would enroll the amendment in the permanent records.

Section 4 – Effective Date

  • Except as otherwise provided, the act becomes effective when it becomes law (i.e., upon ratification and publication as a constitutional amendment).

Who Is Affected

  • All residents of North Carolina and current/state institutions involved in matrimonial law and recognition of domestic unions.
  • Individuals seeking to understand or rely on the state’s constitutional framework for marriage as of 2027 (post-ratification).
  • The State Board of Elections, Secretary of State, and related election apparatus will implement the ballot process and certification if the amendment passes.

Procedural and Timeline Highlights

  • Filing date: April 30, 2026.
  • Ballot referendum: November 2026 general election.
  • Effective date if approved: January 1, 2027.
  • Post-ratification, constitutional language would no longer restrict marriage to a single-sex definition, subject to any further statutory decisions or court interpretations.

Note

  • The summary focuses on the bill’s text and stated process. It does not analyze broader policy implications or potential legal challenges that may arise from repealing the constitutional provision.

Compiled from official sources — confirm details with the bill’s official record.

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