Christian Family Law Association

NORTH CAROLINA:

Incompetent Spouses:

N.C. Gen. Stat. Sec. 50-22, as amended, became law on June 30, 2009. The amended statute now provides that:

"A duly appointed attorney-in-fact who has the power to sue and defend civil actions on behalf of an incompetent spouse and who has been appointed pursuant to a durable power of attorney executed in accordance with Chapter 32A of the General Statutes, a guardian appointed in accordance with Chapter 35A of the General Statutes, or a guardian ad litem appointed in accordance with G.S. 1A-1, Rules 17 and 25(b), may commence, defend, maintain, arbitrate, mediate, or settle any action authorized by this Chapter on behalf of an incompetent spouse. However, only a competent spouse may commence an action for absolute divorce."

Comment

Under the former version of N.C. Gen. Stat. Sec. 50-22, only a "general guardian" had authority to act on behalf of an incompetent with respect to actions under Chapter 50. The law as amended, will save persons who have a durable power of attorney, yet have become incompetent, from having to go to the expense of having a general guardian appointed in order to move forward with their family law proceeding. The clarifying legislation was drafted by Christian Family Law Association founder and member, Lloyd Kelso, and sponsored by Representative  Jonathan Rhyne, of Lincoln County.

FEDERAL LEGISLATION:

Same-sex Marriage:

Five states have legalized same-sex marriage: Massachusetts, Connecticut, Iowa, Vermont, New York and New Hampshire. As of November 2009, when legislation legalizing same-sex marriage in Maine was defeated by referendum, same-sex marriage had been defeated in all 31 states in which it had been directly put to a popular vote. Thirty states have passed constitutional amendments prohibiting same-sex marriage.

Same-sex marriage has been legal in Massachusetts since November 18, 2003; in Connecticut since October 10, 2008 (having previously legalized civil unions in October 2005); in Iowa since April 27, 2009; and in Vermont since September 1, 2009. Same-sex marriages will be performed in New Hampshire starting January 1, 2010.

On September 15, 2009, H.R. 3567, a bill entitled the "Respect for Marriage Act of 2009" was introduced in the U.S. House of Represenatives, with 91 original cosponsors. The bill calls for the repeal of the Defense of Marriage Act in its entirety. The new law provides that "[f]or the purposes of Federal law in which marital status is a factor, an individual shall be considered married if that individual's marriage is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside the State, if the marriage is valid in the place where entered into outside any State, if the marriage is valid in the place where entered into and the marriage could have been entered into in a State." The bill has been referred to the House Judiciary Committee where over half of the Democratic members of that committe are cosponsors of the bill.

Comment 

CFLA urges its members and others to immediately contact their representatives and express your opposition to the passage of H.R. 3567. Talking points of any communications should include the following:

• Each state should have the choice to recognize or not recognize same-sex marriage, and the legal effect of the new bill is to require states to recognize same-sex marriages entered into in other states and abroad
• The repeal of DOMA would not be a "Respect for Marriage," as the titled of the new bill suggests, but rather a huge disrespect for God's covenant of marriage as it has existed in this country since its beginning
• Same-sex marriages and relationships, particularly gay relationships, create and promote a huge drain on our health care resources at a time when we need to be reducing the costs of health care, so creating and promoting such relationships is bad public policy and does not constitute good stewardship for those of us who pay for these resources as has been demonstrated in the nation of Canada
• Our Christian heritage, public morality, and the court of public opinion opposes any laws that would support the creation and promotion of same-sex relationships, including a law that would require uniform recognition of such relationships on the federal or state levels
• Your state, in our case N.C., has laws that support a family unit being created only by one man and one woman, and the Congress should not force a change in that law