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HB 175

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2026 Regular Session Introduced by Webster Barnaby and 2 co-sponsors

Repeals the ban that marriage is defined as only between one man and one woman, allowing broader recognition of marriages and domestic unions in NC.

Chapter No. 2026-176
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Bill Summary · HB 175

HB 175 — Constitutional Amendment / Marriage Equality (North Carolina)

Purpose

HB 175 proposes to remove the North Carolina constitutional provision that currently defines marriage as “between one man and one woman” and states that it is the only domestic legal union valid or recognized by the State. The bill would submit that change to voters as a statewide constitutional amendment so that, if approved, the state constitution no longer contains that restriction.

Key provisions

  • Repeal of Section 6, Article XIV of the North Carolina Constitution (the clause that reads in effect: “Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.”).
  • Submission of the proposed amendment to the qualified voters of North Carolina at the November 2026 general election.
  • Ballot question language (as provided in the bill):
    • “ 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.”
  • If a majority of votes cast on the question are in favor, the Secretary of State will enroll the amendment and it becomes effective January 1, 2027.
  • The bill takes effect on enactment except where otherwise provided.

Who would be affected

  • Same-sex couples and other couples previously excluded by the constitutional language: repealing the provision removes a state-constitutional barrier to constitutional recognition.
  • State and local government agencies that administer marriage-related benefits, records, and programs (administrative updates may follow).
  • Courts and attorneys: eliminates a conflicting constitutional provision that could be cited in litigation or lawmaking.
  • The General Assembly: removal of the constitutional restriction would free the legislature to enact or amend statutory provisions concerning marriage and other domestic legal unions without the constitutional constraint.

Procedural / timeline notes

  • Filed: (per bill header) August 15, 2025. Status: Passed 1st Reading.
  • Voter referendum: The amendment is to be placed on the November 2026 general-election ballot pursuant to the bill.
  • Effective date on approval: January 1, 2027 (if a majority of voters approve the amendment).
  • No fiscal analysis is attached to the bill text; implementation costs would likely be limited to administrative changes (e.g., forms, guidance to state agencies).

Context and likely impact

  • Federal law (U.S. Supreme Court decisions) currently prohibits states from denying same-sex couples the right to marry; however, some state constitutions retain language that defines or restricts marriage. This amendment would align North Carolina’s state constitution with federal court precedent and clarify the constitutional text.
  • The repeal does not itself prescribe new statutory rules about marriage or civil unions; it removes a constitutional prohibition and would enable the legislature to address statutory recognition of different types of domestic legal relationships without that constitutional constraint.
  • Religious institutions’ doctrinal positions are not directly governed by the amendment; it addresses the state constitution’s definition/recognition of domestic legal unions and government recognition/rights.

Sponsors

Primary sponsors listed in bill materials include Representative Butler (sponsor) and additional listed supporters in related documents.

(Prepared to be accessible to both expert and general readers; based on HB 175 text and procedural language submitted for voter approval in November 2026.)

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

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