LGBTQ people can finally get domestic violence protections in NC, court rules

[Behind the Aegis]

LGBTQ people in North Carolina can no longer be prevented from getting domestic violence protective orders, the N.C. Court of Appeals ruled Thursday.

North Carolina had been the only state in the country to withhold emergency protections from people seeking protection from abuse by a same-sex partner, The News & Observer reported in 2019. That kind of protection is offered to couples of the opposite sex, and to married and divorced same-sex couples, but not for same-sex couples who are dating or who used to date.

But that ban is unconstitutional, the appeals court ruled in a 2-1 opinion Thursday.

The opinion written by Judge Linda McGee, a Democrat and the chief judge of the Court of Appeals, said LGBTQ people have the same right to liberty that other Americans have. That includes the right to make choices about their romantic partners, she said — and the right to be protected if that relationship becomes dangerous.

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