Judge Strikes Down NC Gay Marriage Ban

RALEIGH, N.C. -- A federal judge in North Carolina has struck down the state's gay marriage ban, opening the way for the first same-sex weddings in the state to begin immediately.

U.S. District Court Judge Max O. Cogburn, Jr., in Asheville issued a ruling Friday shortly after 5 p.m. declaring the ban approved by state voters in 2012 unconstitutional.

Buncombe County Register of Deeds Drew Reisinger kept his Asheville office open late to begin issuing marriage licenses to waiting couples.

Cogburn's ruling follows Monday's announcement by the U.S. Supreme Court that it would not hear any appeal of a July ruling by the 4th Circuit Court of Appeals in Richmond striking down Virginia's ban. That court has jurisdiction oover North Carolina.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The judge overseeing a pair of challenges to North Carolina's gay marriage ban has asked for more briefs in the case, setting a new deadline for early next week.

Chief U.S. District Court Judge William Osteen Jr. in Greensboro issued a Friday afternoon order asking for answers to a series of legal questions and setting a deadline of 3 p.m. Monday to receive responses. The delay was met with disappointment among scores of same-sex couples who had spent hours lined up at county courthouses across the state, awaiting a ruling allowing them to marry.

Osteen, who was appointed to the federal bench by President George W. Bush, has appeared poised to strike down the marriage ban approved by North Carolina voters in 2012 since Wednesday, when he issued an order lifting his stays and dismissing all prior motions.

But state House Speaker Thom Tillis and Senate leader Phil Berger filed notice Thursday they would seek to intervene in the case. In his order Friday, Osteen denied a request from the Republican lawmakers asking for a court hearing on the issue.

Some hope remained Friday afternoon that another federal judge might act before the weekend.

A third challenge filed by members of the clergy seeking to marry gay couples. That case is overseen by U.S. District Court Judge Max O. Cogburn Jr. in Asheville, who was appointed by President Barack Obama.

Cogburn on Friday denied the GOP leaders standing to intervene in that case. Buncombe County Register of Deeds Drew Reisinger said he would stay open until 7 p.m. to issue licenses if a ruling were to come.

Either federal judge could end the state ban with the stroke of a pen.

The U.S. Supreme Court announced Monday it would not hear appeals of decisions striking down similar marriage prohibitions in other states. Osteen has delayed making a decision since July, when the 4th Circuit Court of Appeals struck down Virginia's gay marriage ban. The appeals court in Richmond has jurisdiction over North Carolina, and judges here are required to follow its ruling.

The GOP leaders sought to intervene after state Attorney General Roy Cooper, a Democrat, concluded that all possible legal arguments had been exhausted and that further defense of the ban would be futile.

The Republican lawmakers are not party to the lawsuits, which have been winding their way through the courts for more than a year. Osteen would still have to rule to give them standing in the two cases he oversees.

Tillis, who is running for U.S. Senate, said in a debate this week that he felt obligated to defend the will of North Carolina voters against "liberal activist judges." The recent rulings striking down gay marriage bans across the nation as unconstitutional have been handed down by federal judges appointed by presidents from both parties.

Tillis and Berger have hired California lawyer John C. Eastman, chairman of the conservative National Organization for Marriage. The group describes itself as a defender of traditional family values and the definition of marriage as being between one man and one woman. However, advocacy organizations such as the Southern Poverty Law Center portray NOM as a homophobic hate group.

About 30 couples were lined up at the Wake County Register of Deeds Office Friday when word came that Osteen wouldn't rule before Monday.

"It won't be as long as we've already waited," said Carl Matthews of Goldston, who has been with his partner Larry Davis for 13 years. The couple has each adopted a child and they had hoped to get married so they could jointly adopt a third child later this month.

Under current state law, only married couples can jointly adopt children and same-sex couples can't get married.

"We've had to jump through all kinds of hoops," Matthews said. "While we're very much in love with each other, it's also in the best interest of the children."