Doug Clark says the gay marriage ban is inaccurate.
The Greensboro News-Record columnist writes today that the preamble to the bill incorrectly argues that a 2008 case in the N.C. Court of Appeals could set a legal precedent for gay marriage.
That case, Mason v. Dwinell, involved a child visitation dispute over a lesbian couple who had conceived a child using artificial insemination and signed a parenting agreement. In her decision, Judge Martha Geer wrote that the fact the couple was gay was irrelevant.
The reference to Mason v. Dwinnell in this House bill could be intended to raise alarm. I suspect it also might be someone’s attempt to target Geer, who comes up for re-election next year. Portraying her as a California-liberal kind of judge could provide an avenue for attack by an aggressive conservative challenger (even though Geer was joined in her opinion by conservative Judge Sanford Steelman).
But as Geer and family law expert Suzanne Reynolds told Clark, there's no comparison with cases that have been used as legal "building blocks" to recognize gay marriage in other states.
"It's not apples and oranges," Geer said. "It's apples and cows."