Charlotte city attorney to retire
Mac McCarley's legal opinions blocked LGBT progress in Charlotte
by Matt Comer :: matt@goqnotes.com
Charlotte City Attorney Mac McCarley told
the city council in closed session on April 4
that he plans to retire at the end of December,
according to The Charlotte Observer. McCarley,
whose position is hired by the city council, has
served as city attorney since 1994. His legal
opinions have often been the source of frustra
tion for LGBT community members.
In 2009, the city was sued by a fired,
transgender employee. At the time, McCarley
said the city would not take responsibility in
the case.
"Transgendered individuals do not have
any rights under the federal employment
discrimination laws," he said.
The City of Charlotte does not have
employment ordinances prohibiting discrimi
nation on the basis of sexual orientation and
gender-identity, though City Manager Curt
Walton instituted an administrative policy
last year prohibiting discrimination on sexual
orientation.
McCarley has insisted the city council
lacks the authority to pass an employment
non-discrimination ordinance or policy inclu
sive of "sexual orientation."
In a Feb. 23,2010, memo from McCarley
to Walton, McCarley said federal law in Title
VII does not prohibit discrimination based on
sexual orientation. The city charter, he said.
Charlotte City Attorney
Mac McCarley intends
to retire at the end of
December.
also limits the city's
non-discrimination
statement to those
characteristics
already listed (race, religion, color, sex,'national
origin, age, disability, and political affilation).
In the memo, McCarley said Walton's 2010
administrative policy change is the "most le-
see City Attorney on 15
Anti-gay amendment filed in N.C. House
House wording slightly narrower than harsh Senate version
by Matt Comer :: matt@goqnotes.com
RALEIGH —■ An anti-gay constitutional
amendment that could strip away marriage
rights for same-sex couples was filed April 6 in
the North Carolina House of Representatives.
A similar amendment was introduced
to the Senate in late February. The House
version, filed by two Republicans and two
Democrats, contains different wording
that could slightly narrow the impact of the
amendment.
"Marriage is the union of one man and
one woman at one time. No other relation
ship shall be recognized as a valid marriage
by the State," the House amendment reads.
The Senate's version says no other "domestic
legal union" will be recognized.
LGBT advocates with the statewide
group Equality North Carolina say marriage
— already denied to same-sex couples by
state statute — isn't the only right that could
be banned by the proposed Senate version.
Civil unions and domestic partner benefits
could also be subject to prohibition. Several
municipalities across the state offer health
and other benefits to same-sex partners
of their employees; those include Durham,
Mecklenburg and Orange Counties, as well
as the cities or towns of Carrboro, Chapel Hill,
Durham and Greensboro. Private companies,
including global giants like Charlotte's Bank of
America, also offer such benefits and could
be subject to the Senate amendment.
"I think it is a step in the right direction
that they didn't introduce as extreme a version
as the Senate did," Equality North Carolina
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"The fact remains it is still an attempt to write
discrimination into our state constitution."
The House version is sponsored by
Republicans David Lewis (Harnett) and Rayne
Brown (Dqvidson) and Democrats James
Crawford, Jr. (Granville, Vance) and Dewey
Hill (Brunswick, Columbus). Additionally, 35
other representatives had as of press time
signed on as co-sponsors. Of the additional
co-sponsors, four are Democrats and one is
unaffiliated.
Palmquist indicated he had not spoken
to House leadership on Wednesday, but that
he and his group's lobbyist would continue to
encourage the chamber's leadership not to
bring the bill to the floor.
Republican state Sens. James Forrester
(Gaston), Jerry W. Tillman (Montgomery,
Randolph) and Dan Soucek (Alexander, Ashe,
Watauga, Wilkes) are the primary sponsors of
the Senate version. It has been referred to the
Senate Rules Committee. Twenty other sena
tors have signed on in support.
Similar amendments, vyhose primary
proponents have been Republicans, have
been kept at bay for the past seven years. The
state's legislature flipped from a Democratic
to Republican majority in last November's
midterm elections. A constitutional amend
ment cannot be vetoed by the governor and
must gain the approval of a three-fifths major
ity of both chambers before proceeding to the
ballot. A simple majority of voters is needed
for ratification. Both the Senate and House
versions of the amendment would place the
amendment on next year's November ballot.;:
April 16-29.2011 qnotes 9