Bill

SB 459

exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.

2026 Regular Session Introduced by Daryl Abbas and 9 co-sponsors

SB 459 would remove the NC constitutional ban on non‑man–woman marriages, allowing future recognition or regulation of other domestic unions if voters approve in 2026.

Inexpedient to Legislate: MA VV 04/23/2026 HJ 11

WeVote Research Nonpartisan

Bill Summary · SB 459

SB 459 — Constitutional Repeal of Article XIV, Section 6 (North Carolina)

Status: Passed 1st Reading (introduced Feb 19, 2025)
Subjects: North Carolina Constitution; Elections; Marriage & civil unions; LGBTQ & gender issues; Public

Purpose

SB 459 proposes to remove from the North Carolina Constitution the provision that defines marriage as only between “one man and one woman” and states that such a union is the only domestic legal union valid or recognized by the State. In short, the bill would repeal the constitution’s gender‑specific definition of marriage and submit that change to voters as a statewide constitutional amendment.

Key provisions

Repeal: The measure strikes the constitutional restriction in Article XIV, Section 6 that currently declares “Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.”
Ballot submission: Because this is a constitutional amendment, the bill requires submitting the proposed repeal to a statewide popular vote.
Ballot question (as drafted):
" 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."
Effective date if approved: If a majority of votes cast on the question are in favor, the State Board of Elections will certify the amendment to the Secretary of State and the amendment will become effective January 1, 2027.
Implementation mechanics: The general election at which the question will be placed is the November 2026 general election; the election will be conducted under the state’s existing election laws.

Who would be affected

Same‑sex couples and other couples or domestic partnerships whose legal status has been constrained by the constitutional language — repeal would remove a constitutional prohibition and allow recognition or regulation by the legislature or courts.
State and local government agencies that administer marriage, family law, benefits, and related programs (statutory changes or administrative updates may follow).
Courts and litigants — repeal would remove a constitutional barrier potentially implicated in litigation challenging state laws or policies on marriage and domestic unions.

Practical effect and limits

Repeal removes the constitutional prohibition but does not itself create new statutory rights or automatically change existing laws. Legislative or administrative action (or court rulings) may be required to authorize or implement specific forms of recognition (e.g., statutes on marriage, civil unions, benefits).
Because this is a constitutional amendment, it takes effect only if approved by North Carolina voters at the specified statewide election.

Timeline & procedure

Introduced: Feb 19, 2025.
Legislative action: Passed first reading (March 25, 2025); subsequent legislative steps required to place the question on the ballot were provided for in the bill.
Voter approval required: Submitted to voters at the November 2026 general election.
Effective (if approved): January 1, 2027 (certification by the State Board of Elections required).

Takeaway

SB 459 seeks voter approval to remove a constitutional ban on recognizing any domestic legal union other than a man–woman marriage. If voters approve the amendment in November 2026, the constitutional restriction would be removed beginning January 1, 2027 — enabling the legislature and courts to recognize or regulate marriages and other domestic legal unions without that constitutional constraint.

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