From Staff Reports 

Buncombe County’s register of deeds is the first government official in the South to seek approval to grant same-sex marriage licenses since the U.S. Supreme Court decision striking down the Defense of Marriage Act.

Drew Reisinger issued a press release on the afternoon of Oct. 14, announcing his decision to accept and hold same-sex marriage applications, pushing the question of equal marriage rights to Attorney General Roy Cooper.

“I will let each couple know that it is my hope to grant them a license, but I need to seek the North Carolina Attorney General’s approval,” Reisinger said in the release. “I have concerns about whether we are violating people’s civil rights based on this summer’s Supreme Court decision.”

The Campaign for Southern Equality notified Reisinger that at least six same-sex couples would request marriage licenses Oct. 22. Reisinger said he would allow the couples to complete and sign their applications. He said he would accept the applications, but withhold his own signature.

“I will then let the attorney general know that I would like to issue these couples licenses, but that I need his clarification on the laws of the state that seem to contradict the equal protection clause of the U.S. Constitution,” Reisinger said.

Oct. 22 was the first time same-sex couples have requested marriage licenses from Reisinger since the June 26 Supreme Court decision striking down the Defense of Marriage Act.

Earlier on Oct. 14, Cooper announced his support for marriage equality, but added that he would vigorously defend North Carolina’s constitutional amendment against same-sex marriage. Cooper is also slated to be the keynote speaker at the 2013 Equality Gala in Greensboro on Nov 9.

The Supreme Court case in question, United States v. Windsor, struck down a federal definition of marriage as between one man and one woman on the grounds that the definition violated the due process and equal protection rights of same-sex couples. At the moment, the decision only applies to federal laws. The American Civil Liberties Union of North Carolina is currently challenging the constitutionality of Amendment One.

Reisinger, who is personally in favor of legal same-sex marriage, has asked state Attorney General Roy Cooper asking a series of questions about the legality of Amendment One, including whether it violated the Fifth Amendment of the U.S. Constitution. 

Cooper’s office did not respond immediately to Reisinger’s specific questions, but did say that under current state law, “issuance of a marriage license to a same-sex couple would be a violation of the law.”