Marriages between persons of the same gender not valid
Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.
(North Carolina General Statutes Ann. section 51-1.2)
Requisites of marriage; solemnization
A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:
(1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and
b. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or
(2) In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.
Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation.
(North Carolina General Statutes Ann. section 51-1)
Mullinax v. Covington, Case No. 4 CVD 01396
Two men filed suit demanding a marriage license, despite North Carolina’s Defense of Marriage Act. The trial court granted the defendant’s motion to dismiss, and the plaintiffs did not appeal.