Remember the woman in North Carolina who was forced to quit her job as a deputy sheriff because she lived with her boyfriend and there was an old law on the books banning cohabitation in that state? A state court has now overturned that law, which is good news. The ACLU represented the woman and the judge ruled, apparently based largely on the 2003 Lawrence ruling. Always nice to see that ruling, which I consider one of the most important decisions of the last 50 years, cited as precedent and applied in other cases.
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Wow! We move one step closer to the 20th Century! Or at least the 19th.
The bad news is, if the state appeals, I think it is pretty clear they will win.
1) She was not charged under the statute, so the Court was essentially being asked to render an advisory opinion;
2) The law with regard to employment by sheriffs is also clear, with the Sheriff given all discretion. Since the sheriff was within his rights to fire her at will, the fact that he threatened her with the statute is irrelevant. Here's hoping they don't appeal.
Great news, Ed. Now all we need to do in NC is repeal the alienation of affection law - whereby a paramour can be sued by a husband for breaking up a marriage, due to the antiquated view that a wife is property. When I tell women about this, particularly really accomplished female faculty in the great North Carolina universities, they are shocked that such a law was ever even proposed much less upheld to this day.
Why in the world would they appeal this?? I can't believe the good people of NC want their tax dollars spent on an appeal to defend this law.... on the other hand, there are so many things going on that I have a hard time believing.
As a resident of NC, and one pleased with the outcome, I admit I was rather surprised that the court actually ruled on this. Defendent's claim that the plaintiff lacked standing to bring suit seemed pretty clear cut to me. If the state appeals (apparently they've not yet decided) this may form the basis.
Of course, I think it would be a waste of money to appeal as it seems clear, to me anyway, that a defendant with clear standing would definitely win such a suit and the end result would be the same...