- Koobs
- Team Captain
- 4918 posts this site
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Posted: 4/8/2012 8:50 PM
North Carolina Amendment on same-sex marriage" Question as
I'm not sure why a same-sex 'marriage amendment is necessary. As it stands, same sex unions, by any name, do not alter the right to take a share of a decease spouse's estate, as presently provided by Chaptes 29 and 30 of the General Statutes. Under present statutory provision, a "spouse" cannot be left out of an intestate's estate. Same is true under property disposed by will. I don't think present case law or statute recognizes a same-sex union as creating "Spousal Rights" to a descedent's estate. Please disabuse me is I am wrong.. I honestly do not know the answer. IIf I knew the answer to the above, I might take a stand as to the proposed smendment. If the State were to recognize such unions as creating "Spousal Rights", I might have an opinion. Can anyone help me on this ?
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