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Meck Commish Eyes Resolution Against Amendment One; UPDATE – Item Pulled From Agenda

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UPDATE: Faced with a potentially deadlocked voted on his proposed resolution in opposition to Amendment One, Commissioners Chair Harold Cogdell this afternoon pulled the item from the board’s agenda to be discussed tonight.

Cogdell informed his board colleagues that he would place the same resolution on the agenda of the board’s May 1 meeting. Tellingly, his decision came after receiving an email from Commissioner Jennifer Roberts, a Democrat whose vote in favor of Cogdell’s motion would have almost certainly been needed to support its passage:

“I wanted to let you all know I have a schedule conflict and unfortunately will not be able to attend tonight’s BOCC [board of county commissioners] meeting,” Roberts wrote. “Harold, you can defer any agenda items that might need my vote til our next meeting.”

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Mecklenburg Commissioners Chairman Harold Cogdell, a Democrat, wants his colleagues on the board of commissioners to adopt a resolution in opposition to Amendment One, and has slated it for discussion and possible vote at the board’s meeting next week.

“I am concerned that our silence on this issue sends a message to the rest of the state, nation and the international community about the values embraced by our community that I do not believe represents the philosophy of a majority of Mecklenburg County residents,” Cogdell wrote in an email to commissioners.

Cogdell argues that the Amendment, if approved by voters in the May 8 primary, would “invite avoidable litigation that will drain very limited resources in our judicial system,” and reasons that there is “no compelling justification to Amend our State Constitution when same sex marriage is already not legally recognized in the State of North Carolina.”

“I have seen and heard from business leaders, members of the clergy and community leaders in recent weeks all voicing rational and logical arguments for opposing the proposed Amendment,” Cogdell wrote to commissioners. “Although I anticipate discussion by Commissioners on this agenda item.  I urge and expect all to offer mature, factual and concise comments and remarks and display civility and respect at all times to all perspectives offered.”

Commissioner Bill James, a Republican who supports Amendment One, was quick to offer a response.

“I thank the Democrats and Harold for this political gift right before the May 8th primary though it seems to me they are being very divisive,” James wrote in reply to Cogdell’s missive.

“It is almost as though the D’s [Democrats] refuse to accept what they believe the considered decision of the people of the State of NC will be,” James continued. “Mad at the polling data that isn’t going their way and desperate to preserve their liberal view on marriage that has no standards, they are now prepared to condemn an amendment that is essentially the same as the State-law that they THEMSELVES championed and passed in Raleigh.”

The text of Cogdell’s resolution:

WHEREAS the Community Vision for Mecklenburg County includes for people who live in the county that “We will have respect for and will celebrate the diversity of and promote equality of opportunity for all our citizens;” and

WHEREAS, Mecklenburg County  includes at least 3,385 same-sex couples and has the highest number of same-sex couples among North Carolina counties; and

WHEREAS, Mecklenburg County has adopted a policy of promoting equal rights and opportunities for employees of Mecklenburg County without regard to race, color, religion, sex, national origin, handicap, age or sexual orientation.

WHEREAS, the Mecklenburg County has adopted a policy of extending equal health care benefits to Mecklenburg County Government employees who are in same-sex domestic partnerships; and

WHEREAS, this Mecklenburg County Board of Commissioners recognizes that some local and national companies doing business in Mecklenburg County extend equal health care benefits to employees in same-sex relationships; and

WHEREAS, on May 8, 2012, the people of North Carolina will vote on Amendment One, a proposed amendment to the North Carolina State Constitution that would prohibit marriage between people of the same sex, and further prohibit the recognition of any other form of domestic legal union; and

WHEREAS, North Carolina Law already defines marriage as between a man and a woman the proposed amendment would only serve to express hostility against a minority group; and

WHEREAS, the proposed language of Amendment One is vague and ambiguous and will thereby invite litigation that will require extensive judicial resources to be devoted to resolving these avoidable legal disputes; and

WHEREAS, this uncertainty will have broad legal impacts for all households where the residents are not married, and

WHEREAS, the adoption of such a Constitutional amendment is inconsistent with the County’s commitment to equal rights and opportunities for its residents and employees and could invalidate Mecklenburg County’s domestic partner benefits; and

WHEREAS, Mecklenburg County proudly embraces the diversity of its residents;

THEREFORE, BE IT RESOLVED BY THE Mecklenburg Board of County Commissioners THAT:

1) The Board of County Commissioners opposes Amendment One.

2) Urges North Carolina voters to vote against the proposed amendment on May 8, 2012.

2) Whether Amendment One passes or fails on May 8, 2012, the Board of County Commissioners reaffirms its commitment to equal rights and opportunities for County employees and for all residents and families of Mecklenburg County, including the rights of same-sex couples to share fully and equally in the rights, responsibilities, and commitments of civil marriage.

3) This resolution shall be effective upon its passage, and shall be shared with the members of Mecklenburg County’s General Assembly delegation, the Governor and members of the news media.

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