A lawsuit has been filed on behalf of two North Carolina magistrates who believe performing same-sex marriages violates their religious freedoms. Their claim closely follows the wording of a bill currently pending in the legislature.
Charlie Smoak was a Moore County magistrate for 10 years. Smoak and a current magistrate listed in the lawsuit as "Jane Doe", for fear of losing her job, are targeting the Administrative Office of the Courts.
The lawsuit contends Smoak's state constitutional rights were violated when AOC head John Smith told magistrates in October that two federal court rulings meant performing same-sex marriages were part of their duties, and that they couldn't opt out because of their personal objections.
The lawsuit, filed Monday, seeks a court order declaring Smith's order unconstitutional, as well as an order that Smoak be reinstated.
Republican Sen. Phil Berger has filed a bill in the General Assembly that would permit any magistrate or register of deeds employee to recuse themselves from performing any marriage for a period of six months for "sincerely held religious objection" without fear of repercussion. The bill hasn't yet been debated by any legislative committee.
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