Spring 2014
Creating A Marketplace of Children ncfamily.org The Harms of Third Party Reproduction
SpringCatawba 2014 Casino • Common Core • Marriage Battle • Plan B • Third Party Reproduction 1 FOLLOW SHARE CONNECT
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22 Creating a Marketplace of Children Children created through third party reproductive means (such as anonymous sperm and egg donation) and their biological parents face unique, lifelong challenges. Fertility industry watchdog Alana Newman, who was conceived through donor-conception, explores the harms of third- party reproduction for donor-conceived children and for society by sharing how donor conception has negatively impacted her life.
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8 Going Off the Reservation numbers 4 Attorney Christopher Derrick provides an exclusive Family facts of interest legal analysis of why the South Carolina-based Catawba Indian Nation lacks the legal authority to open a casino at issue 5 in Kings Mountain, North Carolina. About this magazine Be a part of the 13 Understanding Common Core comment 6 Kristen Blair examines Common Core, the growing Observations from controversy surrounding it, and why a growing number our president NCFPC online community. of parents, teachers, and states are rejecting the national education standards. etcetera 7 17 The War on Marriage Quotes, quips and As the war on marriage escalates nationwide, Alysse other items of interest ElHage provides the latest on the three federal law- suits challenging North Carolina’s marriage laws, and 2014 election 21 presents a timeline of recent court rulings striking down Important dates state marriage protection laws. Trail Life USA 28 30 Plan B Walk Worthy Attorney Mary Summa details the dangers of unfettered access to Plan B emergency contraception, and o!ers sound legislative solutions for North Carolina to protect parental authority and women’s health. 34 Briefs Brittany Farrell compiles the latest in key legal battles across North Carolina, including lawsuits involving academic freedom, school choice, and life issues. 36 Interview: Amber Lehman NCFPC president John Rustin talks with Amber Lehman, CEO of First Choice Pregnancy Solutions in Wake Forest, NC, about her personal history with abortion and the lifesaving work of pregnancy resource centers nationwide. FNC | numbers
National Index of Belonging and Rejection Percentage of 15 to 17 year-olds in U.S. who have grown up with both biological married parents Spring 2014 Vol. 9, No.2 ISSN 1935-7761 Living with both married parents ISBN 0-9785025-1-5 Not living with two married parents (whose parents have Editor rejected one another through Alysse ElHage divorce or other means) Associate Editor Brittany Farrell
Design Courtney Volker
Circulation Catherine Strickland “Fourth Annual Index of Belonging and Rejection,” Marriage and Religion Research Institute at FRC, February 2014 Contributors Kristin Blair, Eileen Brown, Christopher Derrick, Alysse ElHage, Brittany Farrell, Christians and Adoption Alana Newman, Jere Royall, John Rustin, Christians are more than twice as likely to adopt a child. Catherine Strickland, Mary Summa
President Adopted A Child John Rustin
Family North Carolina is published quarterly by the Seriously Considered North Carolina Family Adoption Policy Council. The North Carolina Family Policy Council is an Practicing Christians independent, nonpartisan, nonprofit research and Been A Foster Parent education organization organized in 1991 and All Adults recognized for tax-deductible giving by the federal government. Family North Carolina is a registered trademark of the North Carolina Family Seriously Considered Policy Council. Copyright © North Carolina Family Fostering Policy Council. All rights reserved. Internet Visit us on the internet at ncfamily.org, where you Barna Group, “Three Trends on Faith, Work and Calling,” 2/11/14 can read selected stories from this issue, includ- ing endnotes. Publication of website addresses of other organizations featured in our stories does not constitute endorsement by the North Carolina Cohabitation and Abortion Family Policy Council of those groups or the Women aged 15 to 44 who have ever been pregnant contents of those sites. and had one or more abortions Subscriptions If you do not already receive Family North Never cohabitated Carolina, a one-year subscription is available for a suggested donation of $16. Write the North Cohabitated once Carolina Family Policy Council at: PO. Box 20607, Raleigh, NC 27619. To use your credit card visit Cohabitated twice us online at ncfamily.org or call 919-807-0800.
Cohabitated three or more times
“Demographics of Women Who Report an Abortion,” Marriage and Religion Research Institute, January 2014 FNC | at issue Fresh Voices Spring 2014
It is often said that “good cluding three in North Carolina. Yours truly o!ers things come to those who the latest on the marriage battle in our state, and wait,” and for those of us who provides a timeline of recent federal court rulings, have been working on this along with a map of state marriage laws nationwide. issue of Family North Carolina Plan B emergency contraception is now available magazine over the past several over-the-counter and without age limits, placing the months, that old adage cer- health of young women and the authority of parents tainly rings true! One of the at risk. Attorney Mary Summa explains the history many reasons we are excited of Plan B, the dangers of the drug, and why unfet- about the Spring issue is that tered access to it threatens the rights of parents to in addition to the writers our make healthcare decisions for their daughters. readers have come to know In addition to the legal challenges to North Creating A Marketplace and trust, we are privileged to Carolina’s marriage laws, the State is facing a of Children also include some fresh voices number of other lawsuits to several recently enacted ncfamily.org The Harms of Third-Party Reproduction writing on cutting-edge top- state laws. Turn to the “Briefs” section for the latest ics. We trust that our readers on the legal battles facing North Carolina’s Choose SpringCatawba 2014 Casino • Common Core • Marriage Battle • Plan B • Third Party Reproduction 1 will "nd the variety of unique Life license plates, Woman’s Right to Know law, content inside these pages to and Opportunity Scholarship Program. be both educational and inspirational—and well With all the bad news that permeates our culture worth the wait. today, it is refreshing to pause to consider some- First up, be sure to read the insightful com- thing positive that is happening in communities mentary by NCFPC president John L. Rustin on nationwide. In this issue, we do that by shining a the recent history of elections in North Carolina, spotlight on Trail Life USA, a new youth adventure and why your vote matters more than ever in the organization that organizers hope will serve as an upcoming November 4, 2014 General Election. alternative to the Boy Scouts of America. Couples and individuals struggling with infertil- Finally, don’t miss NCFPC president John Rus- ity are increasingly turning to third party repro- tin’s interview with Amber Lehman, CEO of First written by: duction, such as the use of anonymous egg and/or Choice Pregnancy Solutions in Wake Forest. Amber Alysse sperm donors, to have children—but at what cost? shares the powerful story of how God used her per- In a beautifully written feature essay, Alana New- sonal experience with abortion to minister to others. ElHage, man, who was conceived through donor conception, As you can see by the variety of topics covered in M.A. o!ers an intimate look at the personal and social this magazine, the North Carolina Family Policy consequences of third party reproduction for both Council is not a “one-issue” organization. In fact, children and adults. with the 2014 “Short” Legislative Session of the In an exclusive for the NCFPC, Attorney Chris North Carolina General Assembly just beginning, Derrick blows the lid o! of the South Carolina- many of the topics covered in these pages will be based Catawba Indian Nation’s plans to go “o! the before lawmakers. #roughout the legislative session reservation” to gain authorization to open a casino and beyond, the NCFPC will be serving as a voice in North Carolina. Derrick’s detailed legal analysis for families on the issues of marriage, gambling, of the Catawba Tribe’s plans makes it clear that the parental rights, education, the sanctity of human Tribe has absolutely no legal authority to open a life, and so much more. casino in the Tar Heel State. As always, we cannot do what we do without Nationwide and here in North Carolina, the you—our supporters and partners. So we thank Common Core education standards continue you for reading this issue of Family North Carolina, to cause concern among educators, parents, and and we pray you will use it to educate yourself and lawmakers. Kristen Blair cuts through the confusion others in your community. Most importantly, our surrounding Common Core to provide an in-depth prayer is that this magazine will serve to encourage look at the standards, and why states are increas- you to stay engaged in the public policy arena of O ingly rejecting Common Core as a threat to local North Carolina. and parental authority over education. Homosexual advocacy groups and their allies Alysse ElHage, M.A., is associate director of have once again turned to the courts to launch an research for the North Carolina Family Policy all-out war on marriage, "ling over 60 marriage Council and editor of Family North Carolina. rede"nition lawsuits in state and federal courts, in-
Spring 2014 5 FNC | comment Your Vote Counts
For decades, North Carolina existed in relative ano- nymity on the national political scene. We were a solid conservative to moderate Democratic-leaning state, written by: but that all began to change in 2008 when Tar Heel John L. voters barely sided with Democratic presidential can- didate Barack Obama by a razor thin 14,177 votes out Rustin of over 4.3 million cast. #e 2008 election marked the end of an era and a turning point in North Carolina politics that would manifest itself in historic electoral changes just two years later. In 2010, Republicans took control of both chambers of the state legislature for the "rst time since Reconstruction, and with the bene"t of redistricting in 2011, the GOP extended its majori- ties in the State House and State Senate in 2012. #at same year, North Carolina voters also elected a Republican governor for the "rst time in 20 years, and supported the Romney/Ryan Republican ticket third-of-one-percent in 2008. #ese groups recog- for president/vice president over the Obama/Biden nize that every vote counts. Democratic ticket by a margin of over 92,000 votes. Although 2014 is an “o!-year” election without In a matter of two election cycles, North Carolina a presidential or gubernatorial race on the ballot, moved from a fairly reliable Democratic-leaning “blue” much is at stake. #e outcome of our U.S. Senate state to a highly competitive “purple” state. Much of race could signal a shift of power in Washington this change was driven by population growth and a D.C., and all of our 13 U.S House seats are up for substantial increase in the percentage of una$liated election. In addition, four of the seven seats on our voters. In fact, the Democratic and Republican parties State Supreme Court and three of the 15 seats of have continued to lose political “market share” since our State Court of Appeals will be decided this 2008, with statewide Democratic registration dropping year. Furthermore, the entire State Legislature, 50 from 45.8 percent in November 2008 to 42.3 percent seats in the State Senate, and 120 seats in the State in May 2014, while statewide GOP registration de- House will be chosen. clined from 32 percent to 30.6 percent during the same I believe our Founding Fathers were divinely time period. Meanwhile “Una$liated” registration inspired when they established our representative increased from 22.2 percent to 26.7 percent, meaning Republic, but this form of government depends that more than one in four North Carolina voters do upon the active involvement of informed citizens. It not formally associate with either of the major political is our civic duty and responsibility not only to vote, parties. As a result, elections in North Carolina—par- but to enter the voting booth with knowledge about ticularly statewide elections—have become much more where the candidates stand on the issues. di$cult to predict and increasingly more expensive. #is is why the North Carolina Family Policy So what does this mean for you as a voter? I believe it Council will once again produce a non-partisan and means your vote counts more than ever! objective Voter Guide prior to the November 4, Due to its political competitiveness, North Carolina 2014 General Election. #e Voter Guide will pro- rose in prominence to a “top tier” state in importance in vide valuable insight into the candidates’ positions the 2012 presidential race, and we have on a wide range of issues including marriage, sanc- done so again in the 2014 U.S. Senate tity of human life, parental rights, school choice, race. Millions in political advertising religious freedom, gambling, and much more. We dollars are pouring into the state from will be sure to let you know as soon as it is available. the candidates’ political committees O After all, your vote counts now more than ever! and from outside groups seeking to in%uence the result of key races. After John L. Rustin is president of the North Carolina all, the outcome of the statewide Family Policy Council. presidential race in North Carolina was decided by two percent of the vote in 2012 and by only one-
6 Family North Carolina FNC | etcetera
quotes, quips, and other items of interest
“[U]nder no circumstances will we render to Caesar what is God’s.” —Eric Teetsel, executive director of The Manhattan Declaration, in a blog post entitled, “A Biblical Case for Freedom of Conscience” published on February 23, 2014. According to Teetsel, Christians “recognize the duty to comply with laws whether we happen to like them or not, unless the laws are gravely unjust or require those subject to them to do something unjust or The otherwise immoral.” further “[T]hey waited until [the] Choose Life [plate] was in the a society drifts homestretch and then demanded the fruits of the pro- from life camps’ labor.” —Rev. Mark Creech, executive director of the Christian Action truth the League, writing about a lawsuit brought by pro-abortion groups that challenges the “Choose Life NC” specialty license plates. more it will A three-judge panel of the Fourth Circuit Court of Appeals ruled unanimously on February 11, 2014 that the plates represent “blatant viewpoint discrimination” because the State does not also hate those offer a pro-abortion license plate. who speak it. “Christian schools should not allow groups hostile to religion to intimidate them.” – George Orwell —Matt Sharp, Senior Legal Counsel for Alliance Defending Freedom, in a December 2013 statement admonishing Christian schools in North Caro- lina “not to be intimidated” by a homosexual advocacy group’s campaign against the participation of religious schools in the state’s new Opportunity Scholarship Program. “All the problems … introduced into the state from the casino, you end up paying for as a tax-payer.” —Paul Davies, editor of www. getgovernmentoutofgambling. org, speaking about the long-term negative economic impact of casino gambling on communities. Davies made the comment in a February 2013 interview with NCFPC President John Rustin on “Family Policy Matters.”
By: Adam Zyglis, www.politicalcartoons.com Spring 2014 7 FNC | spotlight tion” could be used both literally and "guratively to describe the same set of circumstances. However, one need look no further than the Catawba Indian Nation and its attempt to build a Las Vegas-style casino in North Carolina for the perfect case study illustrating the literal and "gurative meanings of “o! the reservation.” #e Catawba Indian Nation (the “Catawba,” or the “Tribe”) is a Native American tribe based in York County, South Carolina. #e Tribe’s only tribal reservation is located in Rock Hill, its tribal lands are all located within the State of South Caro- lina, and the overwhelming majority of its 2,800 members reside in South Carolina. #e Catawba has no land in North Carolina, and it is not one of the tribes formally recognized by this State. With no immediate connections to the Old North State, a lot of people were shocked to learn late last summer that the Tribe was aggressively pursuing plans to build a massive casino in North Carolina just across the state line in Kings Mountain. When the Catawba "nally went public with details of the project, the Tribe revealed plans for the develop- ment of a 16-acre site right o! I-85 (about 30 miles west of Charlotte and about 30 miles northwest of the South Carolina reservation) that would include Going Off the Reservation a $339 million, 220,000 square foot gambling facil- ity and 1,500 room hotel. Why the Catawba Indians Have NO Legal Since the casino plans became public, many Authority to Open a Casino in N.C. North Carolinians have been scratching their heads wondering whether it is legally possible for the Catawba to go “o! the reservation” and build an FF THE RESERVATION” &' ( )*+, -'*. enormous gambling resort on land that is not only '/ /0)*1 )2() &) 2(' 3*4/,* located outside its reservation, but that is situated in 5(+) /0 )2* A,*+&4(1 6*7&4/1. an entirely di!erent state from its own. Determin- T2* '(8&19 2(' &)' +//)' &1 ing the answer requires an analysis of the Tribe’s 8*')*+8*(+, (1. 6&)*+(668 ,*(1' 1993 land settlement agreement with the federal “)2() '/,*/1* 2(' 6*0) )2*&+ *')(36&'2*. government and the State of South Carolina and its application to put the Kings Mountain property written by: )+&3(6 /+ 2/,* 3('* 3/-1.(+&*'. “OFF THE RESERVATION” :(' -'*. &1 &)' 6&)*+(6 '*1'* ):/ into trust with the United States Secretary of Inte- O rior for the purposes of gambling. Once thoroughly Christopher ,&1-)*' &1)/ 6(') 8*(+’' 36/4;3-')*+ ,/<&* W. Derrick, GRAVITY. W2*1 (';*. 38 M&''&/1 C/1)+/6 analyzed, the facts and the law make clear that the J.D. (3/-) )2* 0-*6 ')()-' /0 2&' =*) 5(4; .-+- Catawba Tribe does not have the legal right or &19 ( 6*19)28 '5(4*:(6; /-)'&.* )2* '//1 authority to operate a casino in North Carolina, and )/ 3* .//,*. '5(4* '2-))6*, G*/+9* C6//- that the Tribe’s plans to (literally) build a casino o! 1*8’' 42(+(4)*+ +*56&*', “FIVE HOURS OFF THE the reservation are ("guratively) “o! the reservation.” RESERVATION, AND I SHOW 30 PERCENT DRAIN.” M/+* The 1993 Catawba Settlement /0)*1 )2(1 1/), 2/:*<*+, “OFF THE RESERVA- TION” &' -'*. &1 ( 0&9-+()&<* '*1'* )/ .*'4+&3* Although the Tribe has never engaged in land :2*1 '/,*/1* &' /5*+()&19 /-)'&.* /0 )2* negotiations with North Carolina, the Catawba has *')(36&'2*. +-6*', /+ &' *19(9*. &1 .&'+-5- been wrestling with South Carolina over land rights )&<* (4)&<&)8 /-)'&.* 1/+,(6 3/-1.'. T2* since "rst surrendering its aboriginal territory in )*+, :(' -'*. 0&9-+()&<*68 &1 THE BOURNE 1760 in exchange for the right to settle on a large IDENTITY )/ .*'4+&3* )2* 6*(. 42(+(4)*+ J('/1 tract of land in South Carolina. While the Tribe B/-+1*, ( +/9-* CIA (9*1) /1 )2* +-1 &1 has entered into several treaties and service arrange- E-+/5*: “YOU’VE GOT A BLACK OPS AGENT WHO’S OFF ments over the years, it did not settle all its land THE RESERVATION.” claims with South Carolina and the U.S. govern- ment until 1993, when a comprehensive Catawba Given the disparity in meanings, it seems unlikely settlement plan was enacted into law. #e 1993 that a situation would exist where “o! the reserva- settlement plan was memorialized in three “Settle- 8 Family North Carolina ment Documents:” (1) an act of Congress known as means for the Tribe to ever operate a Las Vegas- the Catawba Indian Tribe of South Carolina Land style casino in South Carolina. Claims Settlement Act (the “Federal Act”); (2) an act #e years since the rati"cation of the Settle- of South Carolina legislature, known as the Cataw- ment Documents have proven the South Carolina ba Indian Claims Settlement Act (the “State Act”); legislature right, and the Catawba’s numerous and (3) a written settlement agreement between attempts at operating a casino gambling facility in the Catawba Indian Nation and the State of South South Carolina have met with failure at each turn. Carolina (the “Settlement Agreement”), which is #e Catawba’s latest such attempt failed when codi"ed in both the Federal Act and the State Act. the Supreme Court of South Carolina issued its Land. #e Settlement Documents apply to ruling in Catawba Indian Nation v. State of South the Tribe as a whole, as well as to all members of Carolina on April 2, 2014. In that lawsuit, the Tribe the Tribe. Together, the Settlement Documents alleged that the South Carolina Gambling Cruise unequivocally extinguished all past, present, and Act (which permits video gambling on cruises in future land claims of the Catawba (including claims international waters) constitutes an authorization of based on aboriginal title, trespass, use, and occu- video gambling by the State that permits the Tribe pancy), regardless of location. Section 6(a) of the to o!er casino-style video gambling on the Existing Federal Act also rati"ed all previous transfers by the Reservation. #e S.C. Supreme Court disagreed, Tribe “of land or natural resources located anywhere holding that the Gambling Cruise Act does not au- within the United States.” In return for resolving all thorize the Tribe to o!er video gambling on its Ex- claims and ratifying all transfers, the Tribe received isting Reservation in contravention of the existing certain settlement funds and the Tribe’s “Existing statewide ban on video gambling devices. #e court Reservation” (consisting of approximately 630 acres) speci"cally noted in its opinion that the Catawba was transferred from the State of South Carolina to had waived its right to be governed by IGRA, and the Secretary of Interior. #e Federal Act also sets that it had instead agreed to be solely “governed out the Catawba’s rights and limitations on expand- by the terms of the Settlement Agreement and the ing the Existing Reservation and acquiring non- State Act as pertains to games of chance.” #e court reservation properties, and limits the “jurisdiction concluded that although “the Tribe is not treated and governmental powers of the Tribe” to those set the same as everyone else in certain respects of the forth in the Federal Act and the State Act. law,” “in regards to ‘video poker or similar electronic Gambling. In addition to settling all land rights play devices,’ the Tribe has speci"cally agreed to be of the Tribe, the Settlement Documents also set out treated like everyone else” through the Settlement all of the rights of the Tribe with respect to gam- Agreement and the State Act, and as a result, the bling and operating “games of chance.” Each of the Catawba may not operate video gambling devices in Settlement Documents speci"cally provide that the South Carolina. laws and regulations of the State of South Carolina The Tribe Looks Northward “govern the regulation and conduct of gambling or wagering by the Tribe on and o! the reservation,” and Given its total lack of success in South Caro- that the Indian Gaming Regulatory Act (“IGRA”) lina and the apparent commercial success of the does not apply to the Tribe. So instead of tribal Eastern Band of Cherokee Indians’ Harrah’s Casino gambling being governed by IGRA, the federal law in western North Carolina, it probably should that provides the statutory basis for the operation not surprise anyone that the Catawba would look of casino (Class III) gambling by Indian tribes on towards North Carolina in hopes of establishing a tribal lands, the Catawba agreed that its gambling activities would be governed wholly by the terms of the Settlement Documents. A Quest for Big Time Once thoroughly analyzed, Gambling in S.C. the facts and the law make According to John Spratt, the South Carolina congressman who shepherded the Federal Act clear that the Catawba through Congress in 1993, the Catawba’s agree- ment to give up any rights under IGRA was does not have the legal fundamentally necessary in order to get the State right or authority to operate to approve the overall Catawba settlement arrange- ment. Many South Carolina legislators simply did a casino in North Carolina. not want any additional gambling in their State, and by insisting that the Settlement Documents made IGRA inapplicable to the Tribe, those legisla- tors believed they had e!ectively foreclosed all Spring 2014 9 signi"cant gambling operation. Still, when the news Reservation Shopping became public on August 15, 2013 that the Tribe #rough the Trust Application, the Tribe seeks to was taking steps to put a casino in Kings Mountain, put the 16-acre tract in Cleveland County, North the public was caught entirely o! guard. Lead- Carolina into trust with the Secretary of Interior on ing policy leaders, including N.C. Governor Pat behalf of the Tribe to use “for economic develop- McCrory (R), N.C. Attorney General Roy Cooper ment, including an entertainment complex, and to (D), N.C. Insurance Commissioner Wayne Good- the extent permissible under relevant law, gaming.” win (D), leaders in the N.C. Senate, and over 100 By “reservation shopping,” and attempting to put members of the N.C. House of Representatives, land located outside the tribal reservation into trust quickly moved to state their opposition to the idea for the purposes of operating a casino, the Catawba of the South Carolina-based Catawba establishing is following in the footsteps of other Indian tribes. a casino in the Tar Heel State. Reservation shopping tribes have typically selected Documents released by the o$ce of Gov. Mc- land for trust on the basis of whether it provides Crory in late 2013 revealed that top economic easy access to large numbers of potential gamblers, advisors to the Governor had been actively discuss- rather than on the basis of the tribes’ historical con- ing the proposed Kings Mountain casino for several nection to the land. With its proposed casino site months before the news became public. According located on Interstate 85, just 30 miles from Char- to media reports, someone on the Tribe’s behalf lotte and within a 100-mile drive for approximately even presented Gov. McCrory’s o$ce with a draft "ve million adults, the Catawba’s selection of o! of an “IGRA-style” compact containing a revenue reservation property is very much in line with the sharing arrangement for the proposed casino similar past practice of reservation shopping tribes. to the one found in the Eastern Band of Cherokee’s #e Tribe’s reservation shopping initiative is gambling compact (signed by Gov. Beverly Perdue nevertheless completely unprecedented, according (D) in 2012). But negotiations with Gov. McCrory to Matthew Fletcher, professor of law and director eventually proved unsuccessful for the Tribe, as of the Indigenous Law & Policy Center at Michi- evidenced by his September 9, 2013 statement in gan State University. #is is because all prior trust which he said that he remained “unconvinced that applications by Indian tribes seeking to have the any new casino proposal is in the best interest of Secretary of Interior place new land into trust for gambling purposes have been governed by IGRA. North Carolina.” IGRA, which has been used by a handful of tribes Having failed to get Gov. McCrory to voluntarily to successfully acquire o! reservation land for move forward with a compact agreeing to the Kings casinos, does not apply to the Catawba Tribe, and Mountain casino, the Catawba quickly pivoted in consequently does not apply to the Trust Applica- another direction, and on August 30, 2013 "led an tion. In making its Trust Application, the Catawba application with the U.S. Bureau of Indian A!airs may not rely on IGRA or any past decisions of the (the “Trust Application”) asking the Secretary of In- Secretary of Interior as precedent for deciding its terior to take the 16-acre Kings Mountain parcel of Trust Application. land into trust on the Tribe’s behalf for the purpose By ratifying all previous transfers of land and of operating a casino. #ough the Catawba said that extinguishing all potential land claims of the Tribe it had been very serious about reaching a compact “anywhere within the United States,” the Federal Act with the State of North Carolina, the Tribe argued e!ectively prevents land from being taken into trust that it “can engage in gaming without a compact,” on the Tribe’s behalf by any method other than and that the Trust Application made a compact the one provided in the Settlement Documents. with the Governor “of minimal concern.” #e Secretary of Interior’s decision on whether the Kings Mountain site may be taken into trust for the Tribe’s bene"t must therefore be determined solely on the basis of the terms of the Federal Act, the The Settlement Documents State Act, and the Settlement Agreement. therefore do not allow the The Settlement Documents Kings Mountain site to be Deny Trust Application placed in trust, and the #e Tribe "led its Trust Application with the Secretary of Interior “pursuant to” Section 12 of Secretary of Interior should the Federal Act, which governs the expansion of reject the Trust Application. the Existing Reservation. #e Tribe argues that the proposed land into trust acquisition of the Kings Mountain property is mandatory under the Federal Act because the Trust Application meets all of the requirements for putting land into trust under the 10 Family North Carolina terms of the Settlement Documents. #e Catawba asserts that because the Kings Mountain prop- erty lies within the Tribe’s federal “service area” (as de"ned in the Federal Act), the Settlement Docu- ments speci"cally permit placing North Carolina property into trust for the bene"t of the Tribe. #e Tribe also contends that because the targeted land is located outside of the State of South Carolina, it is entirely free from the restrictions imposed by the Settlement Documents on land acquisitions within South Carolina. According to the Tribe’s arguments then, the Settlement Documents’ detailed require- ments for expanding the Existing Reservation only apply to lands acquired in South Carolina, and land in North Carolina that is taken into trust is subject to no state or federal oversight whatsoever. In its Trust Application, the Tribe chooses to ignore the speci"c requirements outlined in the Settlement Documents for expansion of the Exist- ing Reservation, perhaps because such requirements e!ectively prevent expanding the Existing Reserva- tion into land within North Carolina. Contrary to Act, which concerns “eligibility for federal bene"ts the Tribe’s arguments in the Trust Application, the and services” for members of the Tribe. plain language of the Settlement Documents makes #e Tribe’s contention that the inclusion of six clear that only land within South Carolina may be counties in North Carolina in the de"nition of held in trust with the Secretary of Interior and used federal “service area” somehow permits the Kings to expand the Catawba’s Existing Reservation. Mountain property to be placed into trust and #e Settlement Documents de"ne the word used to expand the Existing Reservation is simply “State” only to mean the “State of South Carolina.” without merit. #e Settlement Documents make Neither “North Carolina” (nor any other state) is clear that the only land that may be held in trust by even mentioned in the State Act or the Settle- the Secretary of Interior for the bene"t of the Tribe ment Agreement. Moreover, in each place that the is land located within South Carolina. #e Settle- Settlement Documents reference a state legislature ment Documents therefore do not allow the Kings or governor, such terms are de"ned to mean the Mountain site to be placed in trust, and the Secre- state legislature and governor of South Carolina. tary of Interior should reject the Trust Application. #e legislative history of Section 12 of the Federal Act (which provides the only means for the Tribe South Carolina law governs the to acquire land in trust), clari"es that all of the land that is acquired and taken into trust for the bene"t Tribe’s trust land and all of the Tribe’s of the Tribe must be land located in York County gambling activities. and Lancaster County, South Carolina. In the Catawba’s Trust Application, the Tribe #e only Settlement Document that even men- argues that any “service area” land in North Caro- tions “North Carolina” is the Federal Act, which lina that is taken into trust for the bene"t of the references it one time in the de"nition of “service Tribe is exempt from the regulatory requirements area,” an area consisting of all of South Carolina imposed by the Settlement Documents on lands and six “counties in the State of North Carolina” within South Carolina. #is interpretation %ies in (Cabarrus, Cleveland, Gaston, Mecklenburg, the face of the precise language of the Settlement Rutherford, and Union). #e term “service area” ap- Documents themselves, which provide that any pears only "ve times in the Federal Act: once in the land taken into trust for the bene"t of the Tribe de"nition of the term; once with respect to federal is singularly governed by the laws and regulations bene"ts and services for members of the Tribe; and of the State of South Carolina. Section 4 of the three times in relation to the Tribe’s “base member- Settlement Agreement speci"cally provides that the ship roll.” #e term “service area” is never used in Tribe, its members, and “lands held in trust for the the Settlement Documents to discuss land acquisi- Tribe” are subject to the “civil, criminal and regula- tions, lands eligible for being placed into trust, or tory jurisdiction” of the State of South Carolina. the expansion of the Existing Reservation. #e leg- Section 11 of the Settlement Agreement also states islative history of the Federal Act indicates that the that South Carolina exercises exclusive criminal term “service area” appears in the Federal Act only jurisdiction over the Catawba’ reservation. in order to de"ne the “Catawba health care service #e fact that South Carolina law governs the area” in the context of Section 4(b) of the Federal Tribe and its land is also made evident by Section Spring 2014 11 or regulations governing the Kings Mountain site or the operation of a gambling casino on North Carolina property if such property were placed in [T]he Catawba’s plans trust. Clearly, the Tribe’s “anything goes” approach is not intended by the Settlement Documents, which to build a casino off the would not provide a highly regimented regulatory reservation in North process for South Carolina land on one hand, and then place absolutely no guidelines or regulations Carolina [are] completely on North Carolina land on the other. In fact, the Federal Act expressly states that, “#e jurisdiction “off the reservation.” and governmental powers of the Tribe shall be solely those set forth in this Act and the State Act.” #e Tribe simply cannot produce an entirely new set of rights and privileges out of thin air. #e only plausible understanding of the Settlement Docu- ments is that they simply do not contemplate or 14(b) of the Federal Act, which concerns the con- permit lands outside of South Carolina to be taken duct of “games of chance” by the Tribe and provides into trust for the bene"t of the Catawba. “all laws, ordinances, and regulations of the State [of South Carolina], and its political subdivisions, shall Placing the Kings Mountain site into trust govern the regulation of gambling devices and the would lead to an unconstitutional dead end. conduct of gambling or wagering by the Tribe on According to the terms of the Settlement Docu- and o! the Reservation.” #e State Act contains the ments, any property placed in trust for the bene"t exact same language, and the Settlement Agree- of the Tribe is necessarily subject to the laws of ment provides in two di!erent subsections that “all South Carolina, including the state’s “civil, crimi- laws, ordinances, and regulations of the State of nal, and regulatory jurisdiction,” gambling laws, South Carolina, and political subdivisions” govern real property taxes, local building codes, etc. If the the regulation and conduct of gambling or wagering Kings Mountain site were placed into trust, as the by the Tribe. #e Settlement Documents therefore Tribe argues it should be, such North Carolina land make crystal clear that South Carolina law governs would correspondingly fall under the jurisdiction the regulation and conduct of any and all gambling of another State, resulting in a clear violation of anywhere by the Tribe. the U.S. Constitution. To interpret the Settlement As already discussed, the Settlement Docu- Documents in the manner requested by the Tribe ments do not permit lands outside South Carolina thus produces an unconstitutional dead end, which to be placed into trust for the bene"t of the Tribe. could also create some unintended consequences for However, even if one assumes that the Settlement the Tribe if it somehow resulted in the nulli"cation Documents could somehow be read to allow the of the Federal Act. Kings Mountain site to be placed into trust, the Settlement Documents mandate that the laws and “Off the Reservation” regulations of South Carolina will govern such #e Settlement Documents make absolutely land, as well as all gambling activities of the Tribe clear that the only land that may be taken into trust on such land. #e South Carolina Supreme Court by the Secretary of Interior for the bene"t of the recently slammed the door on video gambling op- Tribe is land located within South Carolina. Even erations in that State when it held that the Tribe is if a strained reading of the Settlement Documents subject to South Carolina gambling law in the same were to somehow permit the Kings Mountain site manner as any ordinary citizen of South Carolina. to be taken into trust, the land and the gambling #erefore, even if the Settlement Documents would activities of the Tribe would still be governed by the allow the Kings Mountain site to be placed in trust laws of South Carolina, which speci"cally outlaw Christopher W. Derrick, as the Tribe argues, South Carolina law would casino gambling. #e Settlement Documents, which J.D., is an attorney in foreclose the Tribe from opening a casino on the provide the only means for the Tribe to have land Asheville, N.C., who property because South Carolina law, as reiterated taken into trust on its behalf, therefore prohibit the formerly served as by the South Carolina Supreme Court, expressly Catawba from possessing trust land in North Caro- Special Counsel to prohibits all forms of video and Las Vegas-style lina and bar the Tribe from operating a casino on Dr. James Dobson casino gambling. the Kings Mountain site. All this, one might add, on the 1999 National #e Tribe dismisses the applicability of South makes the Catawba’s plans to build a casino o! the O Gambling Impact Carolina law by simply asserting that South reservation completely “o! the reservation.” Study Commission. Carolina law would not apply to property in North For a footnoted version Carolina that is held in trust. #e Catawba’s inter- of this article, please pretation of the Settlement Documents produces a visit ncfamily.org. scenario where the Tribe would be free of any laws 12 Family North Carolina FNC | spotlight
spoke at political gatherings. Her state senator— who sat on the Senate Education Committee— knew nothing about Common Core, but agreed to craft legislation after learning more. In 2013, Indiana lawmakers voted to “pause” Common Core; in March 2014, Indiana’s governor signed legisla- tion o$cially dropping the standards.* Heather had no “master plan,” but says she felt compelled to share the facts. “We were just so frustrated that no one knew this had happened…If I had really been asked, ‘Do you think you can stop this?’… I would have laughed. I wasn’t thinking in those terms,” Heather explains. “I was just [think- ing], ‘I’m not going to let them do this without telling people.’ It was shocking to me that some- thing as large as this had happened, and [that] such a huge shift in power had occurred, and literally, nobody knew anything about it!” Origins of Common Core So, what, exactly, is Common Core, and how did it get here? Common Core is a set of K-12 standards or benchmarks in mathematics and English that stipulate what students should know at every grade Understanding Common Core to be ready for college and work. According to its What Parents Need to Know About the mission statement, Common Core is intended “to be robust and relevant to the real world, re%ecting National K-12 Standards the knowledge and skills that our young people need for success in college and careers.” To date, 45 states, including North Carolina, have adopted /+ H*()2*+ C+/''&1, (1 I1.&(1( Common Core’s math and English standards for ,/, /0 0/-+, )2* 0(66 /0 >?@@ :(' their public schools. (1 /.8''*8 /0 2/,*:/+; 0+-')+(- Spearheaded by a small cadre of education in%u- )&/1. H*+ )2&+. 9+(.*+ +/-)&1*68 encers, the development of Common Core began in 3+/-92) 2/,* :/+;'2**)' 0*()-+- earnest in 2009 as a venture between the Council of &19 “0-AA8 ,()2” :&)2 /.. (55+/(42*' )/ Chief State School O$cers and the National Gov- 5+/36*, '/6<&19. H*()2*+ 4/,56(&1*. )/ written by: ernors Association, along with the help of Achieve, '42//6 (.,&1&')+()/+', /168 )/ 6*(+1 )2() F a nonpro"t directed by governors and business Kristen 2*+ 5+&<()* C()2/6&4 '42//6—+*B-&+*. )/ leaders. #e Bill and Melinda Gates Foundation (.,&1&')*+ ')()* )*')' )2+/-92 &)' 5(+)&4&- Blair provided millions in funding. 5()&/1 &1 (
Common Core will deepen the divide between Common Core: distant decision-makers and classrooms, further eroding the autonomy of those closest to stu- • Diminishes Local Control dents—those who know and serve them best. Local • Sets Developmentally Inappropriate K-3 Standards school boards, principals, teachers, and parents are thus disenfranchised. • Lacks Rigor in the Upper Grades Developmentally Inappropriate • De-emphasizes Classic Literature • Fails to Prepare Students for College Coursework in STEM (science, Additionally, critics say Common Core pushes technology, engineering, and mathematics) young children to demonstrate skills that are devel- opmentally inappropriate. Common Core’s math- • Exalts Workforce Preparation over Truth and Knowledge ematical practices, for example, require students to “reason abstractly” beginning in kindergarten. But children cannot engage in abstract thinking until age 11 or 12, according to child clinical psycholo- such as “Recommended Levels of Insulation” by the gist Megan Koschnick. In a speech, Dr. Koschnick U.S. Environmental Protection Agency or an article noted wryly: in "e New Yorker about exorbitant health care costs. What will be lost from English classrooms? Dr. #ey say that teachers wear many hats: Sandra Stotsky, the English language arts standards they’re mentors, they’re mothers, they’re expert on Common Core’s validation committee fathers.… But after reading these stan- who refused to approve the standards, explains: dards, I’m afraid that they’re going to have to wear another one. And that would be We will lose a lot more from Common the hat of magician. Core’s de-emphasis on classic literature than we realize at present. First, we will All conjuring aside, experts have been sounding lose some of the complex literature written the alarm on Common Core for several years. More in the English language in the 17th, 18th, than 500 early childhood health and education and 19th centuries (and earlier). Classi- professionals signed a 2010 statement expressing cal curricula, such as those in charter high “grave concerns” about Common Core’s K-3 draft schools featuring a classical curriculum, standards, which “con%ict with compelling new are not compatible with curricula that, for research … about how young children learn, what accreditation, must address test items in they need to learn, and how best to teach them in English language arts tests that require kindergarten and the early grades.” students to relate earlier works studied to a Lacking in Rigor contemporary work.… Paradoxically, while Common Core acceler- Second, secondary English teachers may be ates academic pressures for younger students, it compelled to teach only excerpts from long makes school less rigorous for older students. #e works because of Common Core’s empha- only mathematician on Common Core’s valida- sis on informational texts in the English tion committee, Dr. James Milgram, refused to class. Use of excerpts from, or summaries of, approve the "nal math standards, saying he could literary works is already happening in many not certify that they kept pace with high-achieving classes, according to anecdotal reports. countries. Moreover, Dr. Milgram noted that “no #ird, students will lose opportunities for solid research” supports Common Core’s approach developing analytical thinking when the to teaching geometry, and the standards make “no study of complex literary works is reduced. provisions for eighth grade algebra.” Finally, Dr. Analytical thinking is developed when Milgram and others have indicated that Common English teachers teach students how to Core includes very little trigonometry, “no precal- read between the lines of a literary work. culus or calculus,” and will not prepare students for selective colleges or higher education coursework in Workforce Preparation science, technology, engineering, and mathematics Over Knowledge (STEM). In English, critics worry that the stan- dards minimize classic literature. Common Core Most fundamentally, Common Core’s functional stipulates a 50-50 split between informational and focus exalts workforce preparation over the acquisi- literary texts in elementary school, and “substantial- tion of truth and knowledge, despite the fact that ly more” non"ction than "ction in middle and high education has historically served nobler ends. Skill school. #e seminal books of the Western canon sets necessary for the modern marketplace are must thus defer to high school informational texts, pushed down all the way to early elementary school. Spring 2014 15 What Can You Do? is to equip North Carolinians with accurate, current information about the Common Core standards, • Get informed. Access the Common Core Toolkit at and e!orts across the state and nation to oppose www.stopcommoncorenc.org them. National consortium tests will garner extra scrutiny: a provision in the 2013 budget requires • Join networks on social media to share information the State Board of Education to obtain legislative • Learn more about the work of the North Carolina General approval before purchasing new assessments. Ad- Assembly’s Committee on Common Core State Standards. Access ditionally, the State Board has voted to use North the committee’s website here: http://www.ncleg.net/gascripts/ Carolina-developed Common Core tests through DocumentSites/browseDocSite.asp?nID=242 2015-16. And in recent months, state lawmakers solicited and reviewed expert and public opinion on Common Core through the work of a Legislative Research Commission study committee. In addition to reading traditional texts, for example, E!orts to “move beyond” the %awed Common young students who are just discovering the joy of Core standards should be judicious, transparent, learning must read and understand “technical texts” and informed by the perspectives of numerous key beginning in second grade—presumably because stakeholders, according to Terry Stoops, Director they will one day encounter such dense, dreary of Education Studies at the John Locke Founda- material at work. tion. In his February testimony before the legislative Perhaps nowhere has debate over the purpose study committee, Dr. Stoops proposed that the state of education stirred more emotion than in the legislature create commissions to review Common Catholic community, where many of the na- Core standards, and to o!er feedback on testing tion’s private Catholic schools are implementing and curriculum. Common Core. #is development prompted the Lawmakers listened. At the study committee’s Cardinal Newman Society to launch a “Catholic is "nal meeting April 24, members proposed draft our Core” initiative, rejecting Common Core as a legislation (titled “Replace Common Core to Meet “woefully inadequate set of standards” that “limits NC’s Needs”) to remove Common Core from state the understanding of education to a utilitarian statutes and establish an Academic Standards Re- ‘readiness for work’ mentality.” #is fall, more than view Commission to evaluate Common Core. #e 130 Catholic scholars signed a letter to every U.S. Commission would make interim and "nal recom- Catholic bishop, calling the standards a “recipe for mendations about changes to the standards. standardized workforce preparation.” So what should concerned parents do? Take But a precocious teen has presented the most heart—and action. Connect with like-minded blistering critique of all. In a "ve-minute speech on parents. Talk to local and state school board mem- Common Core before the Knox County, Tennessee bers. Most importantly, communicate concerns School Board in November 2013 (since watched by to elected representatives in the North Carolina millions on YouTube), Ethan Young said: General Assembly. Replacing Common Core (and implementing the study committee’s recommenda- Everything is career and college prepara- tions) will require the passage of legislation by the tion. Somewhere our founding fathers are General Assembly. turning in their graves—pleading, scream- Above all, activist parents in North Carolina ing, and trying to say to us that we teach to need patience and perseverance, as Heather Crossin free minds, we teach to inspire, we teach to learned. “[In Indiana], we have watched public of- equip. #e careers will come naturally. "cials change—even ones who voted for [Common What’s Next: Core] when it was "rst adopted,” she says. “But it didn’t happen immediately. It takes patience to move Common Core in N.C. the debate. You have to be in it for the long haul.” Debate over Common Core will intensify, as pub- But, as Heather’s e!orts proved, what a punch lic awareness and dissatisfaction grow. According to impassioned parents can pack—even against a a recent poll of registered North Carolina voters, 53 formidable foe. “It is amazing and shocking,” says percent want to “slow down or halt” Common Core Heather, “what a di!erence a few people can make.” implementation; 55 percent believe the State Board *Education activists (including Heather) have Kristen Blair is an of Education did not solicit “su$cient feedback expressed concern that Indiana’s new standards replac- education writer, from teachers, parents, and educators” before adopt- ing Common Core are inadequate. Heather’s #ght for published author, and ing Common Core. rigorous standards continues. contributor to Stop Statewide, a closer look at Common Core is Common Core NC. underway. In the spring of 2013, the Raleigh-based For a footnoted version Civitas Institute and other concerned citizens of this article, please launched the joint project, Stop Common Core visit ncfamily.org. North Carolina (SCCNC). #e purpose of SCCNC 16 Family North Carolina FNC | spotlight
War on Marriage The Battle for North Carolina
1 A5+&6 >?@C, EB-(6&)8 NC’' *7*4-)&<* down Section 3 of the federal Defense of Mar- .&+*4)/+, C2+&' S9+/, )/6. ( 4+/:. /0 riage Act (DOMA), to overturn the state laws of '(,*-'*7 “,(++&(9*” (.
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Effective Dates of Same-Sex HI Marriage Laws: California (2013) Connecticut (2008) States with Marriage Amendments * Marriage laws being challenged Delaware (2013) States with Same–Sex “Marriage” Hawaii (2013) ** Marriage laws struck down, in whole Illinois (June 2014) or in part, in 2014, but on hold, Iowa (2009) States with Statutes to protect marriage, but no pending appeal Marriage Amendment Maine (2012) Maryland (2013) Massachusetts (2004) Minnesota (2013) New Hampshire (2010) Targeting North Carolina vulnerable are the state’s marriage laws to rede"ni- New Jersey (2013) tion by the courts? #ere are two areas of vulnerabil- New Mexico (2013) North Carolina was among the "rst states to be New York (2011) targeted with a marriage rede"nition lawsuit im- ity for North Carolina that make it a key target in Rhode Island (2013) mediately following the Windsor ruling. At the time, the e!ort to rede"ne marriage: the current Attorney Vermont (2009) General who favors marriage rede"nition, and Washington (2012) the ACLU described its actions in North Carolina Washington, D.C. (2010) as part of its “post-DOMA, post-Prop 8 [Califor- North Carolina’s inclusion in the Fourth Circuit. nia’s marriage amendment, which was struck down] !e Defense. North Carolina’s marriage protec- plan for winning the freedom to marry nationwide.” tion laws are being defended by Attorney General #at plan is aimed at ensuring that a lawsuit dealing Cooper, who served as the keynote speaker at a ma- with the constitutionality of a state marriage protec- jor fundraiser for Equality NC in November 2013. tion law ends up before the U.S. Supreme Court in Although Mr. Cooper is not shy about publicly the next few years. With a total of nine marriage voicing his personal support for rede"ning marriage, lawsuits currently before federal appeals courts in the he has continuously stated that he intends to do his Fourth, Fifth, Sixth, Ninth, and Tenth Circuits, it is duty to defend the State’s statutes and Constitution. almost certain that the Supreme Court will consider Even so, his public statements against the Marriage a marriage rede"nition lawsuit in the near future. Protection Amendment, and his involvement with So where does North Carolina "t into the big groups that are seeking to have it overturned, have picture of the national battle over marriage, and how caused understandable concern among state leaders, Spring 2014 19 and the Liberty, Life, and Law Foundation, "led North Carolina Marriage Amendment amicus briefs encouraging the Court of Appeals to reverse the lower court and protect the institution Total Votes on of marriage. Marriage Amendment If the Fourth Circuit upholds the federal district 2,157,980 court’s ruling in Bostic v. Schaefer, there is the possibil- ity that the court could limit its ruling to only Vir- ginia; however, most experts believe the ruling would apply to the marriage protection laws of all states within the Fourth Circuit, including North Carolina.
Votes For MPA All Eyes on the Supreme Court
Votes Against MPA Regardless of how the Fourth Circuit rules in the Virginia case, legal experts on both sides estimate that the constitutionality of state marriage protec- 2012 Primary Election Official Results. North Carolina State tion laws will reach the U.S. Supreme Court within Board of Elections. 13 June 2012. the next two to three years. For traditional mar- riage supporters, the hope is that the Court will not allow activists to continue to misuse Windsor to who fear that he could follow in the footsteps of the force the rede"nition of marriage on the nation via attorneys general of several other states, who have the courts. Instead, the high court should reinforce refused to defend their state marriage laws because its own acknowledgement of the right of the states they personally support rede"ning marriage. to de"ne and regulate marriage, and respect the To try to avoid this scenario, in December 2013, people’s right to debate and decide how marriage President Pro Tempore of the N.C. Senate Phil will be de"ned. Berger (R–Rockingham) and Speaker of the N.C. In its opening brief "led with the Fourth Circuit House #om Tillis (R–Mecklenburg) announced on behalf of a Prince William County clerk of court their decision to hire outside legal counsel to advise in Bostic v. Schaefer, ADF argued: “that States have them on how Attorney General Cooper is handling the right to de"ne marriage for themselves, that the defense of North Carolina’s marriage laws. States may di!er in their marriage laws concern- Although the leaders of the General Assembly have ing which couples are permitted to marry, and that not jointly intervened as defendants in the lawsuit— federalism demands deference to state marriage which they have the right to do under legislation en- policies.” #e ADF brief went on to explain that, acted in 2013—an attorney with Alliance Defending “Virginians (no less than citizens in States that have Freedom (ADF) is providing pro-bono legal services chosen to rede"ne marriage) have the right to de- to legislative leaders about the marriage lawsuits. "ne marriage for their community,” and “[a]ny other !e Fourth Circuit. #is May, a three-judge outcome would contravene Windsor by federalizing panel of the U.S. Court of Appeals for the Fourth a de"nition of marriage, and overriding the policy Circuit will hold a hearing to review a lower court’s decisions of States (like Virginia) that have chosen decision in Bostic v. Schaefer, a federal lawsuit to maintain the man-woman marriage institution.” challenging Virginia’s marriage protection laws. In As the 60-plus marriage rede"nition lawsuits February 2014, a federal district judge struck down continue their march toward the U.S. Supreme Virginia’s marriage laws as unconstitutional, and the Court, attorney Kellie Fiedorek, who serves on Fourth Circuit is expected to issue a ruling later this ADF’s marriage litigation team, advises traditional year on whether or not to allow that lower court marriage supporters to stay engaged in the battle. decision to stand. “We will ultimately win because the e!ort to How the Fourth Circuit rules in the Virginia rede"ne marriage is contrary to human %ourishing, case will impact more than just the marriage laws to the welfare of our children and to our children’s of Virginia—it will also a!ect the marriage laws of children, and to the truth about men and women,” other states that are in the Fourth Circuit, including Fiedorek said recently on the N.C. Family Policy Alysse ElHage, M.A., North Carolina. #at is why, on April 28, Attorney Council’s weekly radio program, Family Policy Mat- is associate director of General Cooper "led a request with U.S. Magis- ters. “I would just encourage folks to… live lives that research for the North trate Judge Peake, asking the court to delay a ruling testify to the beauty of marriage, [and] get engaged Carolina Family Policy in the North Carolina marriage lawsuits until the in your community… encourage your pastors to Council and editor of speak out and talk about why marriage is impor- Fourth Circuit issues its decision in the Virginia Family North Carolina case. It is also why a coalition of homosexual advo- tant—witness to the truth about marriage!” magazine. For a cacy groups, including Equality NC, "led an amicus footnoted version of brief in the Virginia case, asking the Fourth Circuit this article, please visit to uphold the lower court ruling. Similarly the ncfamily.org. Family Research Council, the NC Values Coalition, 20 Family North Carolina