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LGBTQ rights in North Carolina
North Carolina (USA)
Legal statusLegal since 2003
(Lawrence v. Texas)
Gender identityAltering sex on birth certificate does not require sex reassignment surgery
Discrimination protectionsSexual orientation and gender identity discrimination prohibited in public employment.
Family rights
Recognition of relationshipsSame-sex marriage since 2014
AdoptionYes

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Carolina may face some legal challenges not experienced by non-LGBTQ residents.

Same-sex sexual activity was decriminalized in North Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy law. The state has recognized same-sex marriage since October 10, 2014. However, an amendment to a bill prohibiting discrimination against LGBT persons in charter schools has not been signed into law.

Laws regarding same-sex sexual activity

[edit]

The U.S. Supreme Court ruling in Lawrence v. Texas (2003) held laws criminalizing consensual homosexual activity between adults unconstitutional.[1]

In State v. Whiteley (2005), the North Carolina Court of Appeals ruled that the crime against nature statute, N.C. G.S. § 14-177,[2] is not unconstitutional on its face because it may properly be used to criminalize sexual conduct involving minors, non-consensual or coercive conduct, public conduct, and prostitution.[3]

The state's sodomy law, though unenforceable, has not been repealed.[4]

Recognition of same-sex relationships

[edit]
Main article: Same-sex marriage in North Carolina

Marriage

[edit]

North Carolina has recognized same-sex marriages since October 14, 2014, when a federal court decision found the state's denial of marriage rights to same-sex couples unconstitutional. The state formerly banned same-sex marriage and all other types of same-sex unions both by statute and by constitutional amendment until the ban was overturned by a federal court decision.

North Carolina had previously denied marriage rights to same-sex couples by statute since 1996. A state constitutional amendment that was approved in 2012 reinforced that by defining marriage between a man and a woman as the only valid "domestic legal union" in the state and denying recognition to any similar legal status, such as civil unions.

Constitutional ban

[edit]
County-level results of the vote on Amendment 1, amending the N.C. state Constitution to ban same-sex marriages and civil unions.

In September 2011, the North Carolina General Assembly passed North Carolina Senate Bill 514 (2011) which put an amendment banning any form of same-sex unions on the primary election ballot in May 2012. The measure passed on a vote of 30–16 in the state Senate and a vote of 74–42 in the state House.[5]

Voters approved the amendment by 61% to 39% on May 8, 2012. North Carolina was the 30th state, and the last of the former Confederate states, to adopt a constitutional amendment banning same-sex marriage. The amendment added to Section XVI of the Constitution of North Carolina:[6]

Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.

Lawsuits

[edit]
See also: Same-sex marriage in North Carolina § Lawsuits
General Synod of the United Church of Christ v. Cooper

On April 28, 2014, the United Church of Christ and other religious organizations filed General Synod of the United Church of Christ v. Cooper, arguing that North Carolina's statute that makes it a crime to preside at the solemnization of the marriage of a couple that lacks a valid state marriage license unconstitutionally restricts religious freedom.[7] On October 10, District Court Judge Max O. Cogburn, Jr. ruled the state's ban on same-sex marriage unconstitutional.[8]

Fisher-Borne v. Smith and Gerber v. Cooper

On June 13, 2012, six same-sex couples filed a federal lawsuit, Fisher-Borne v. Smith, that initially sought the right to obtain second-parent adoptions. In July 2013, following the U.S. Supreme Court decision in United States v. Windsor in June, they amended their suit to challenge the constitutionality of the state's denial of marriage rights to same-sex couples.[9] Briefing was completed on August 13, 2014.[10] On April 9, 2014, the American Civil Liberties Union filed Gerber v. Cooper in the United States District Court for the Middle District of North Carolina, seeking state recognition of same-sex marriages established outside of North Carolina. Plaintiffs are three couples: Ginter-Mejia and Esmeralda Mejia, Jane Blackburn and Lyn McCoy, Pearl Berlin and Ellen W. Gerber. A judge has not yet been assigned in this case.[11] On October 14, U.S. District Judge William Osteen ruled for the plaintiffs.[12]

Domestic partnership

[edit]
Map of North Carolina counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

The counties of Durham,[13] Orange,[14] Mecklenburg,[15] and Buncombe;[16] the cities of Durham,[17] Greensboro,[18] Asheville,[19] and Charlotte;[20] and the towns of Carrboro[21] and Chapel Hill[22] have established domestic partnership registries.

Hospital visitation

[edit]

In 2008, the North Carolina General Assembly added a provision to the Patients' Bill of Rights affording hospital visitation rights to same-sex couples though a designated visitor statute.[23]

Adoption rights

[edit]

Some lower courts allowed second-parent adoptions until the North Carolina Supreme Court ruled 5–2 in 2010 in the case of Boseman v. Jarell that the state law did not permit adoption by a second unmarried person irrespective of the sex of those involved.[24] The plaintiff in that case was Julia Boseman, first openly gay member of the state legislature. On June 13, 2012, 11 same-sex couples sued several state and local officials in federal court seeking second-parent adoption rights.[25] In 2013 they amended their suit to challenge the constitutionality of the state's denial of marriage rights to same-sex couples.[9] On October 14, U.S. District Judge William Osteen ruled for the plaintiffs.[12]

Foster parenting

[edit]

In November 2021, it was reported that the Governor of North Carolina Roy Cooper signed a bill into law legally banning discrimination — explicitly listing sexual orientation within foster parenting placements. The law went into effect from January 1, 2022.[26]

Discrimination protections

[edit]
Further information: LGBT employment discrimination in the United States

State law previously banned local municipalities from prohibiting discrimination on the basis of sexual orientation or gender identity in areas other than public employment, but this ban expired on December 1, 2020.[27][28][29][30][31][32][33]

The counties of Buncombe,[34] Mecklenburg,[35] and Orange[36] and the cities of Asheville,[36] Boone,[36] Carrboro,[36] Chapel Hill,[36] Charlotte,[37] Greensboro,[36][38] Raleigh,[36][39] and Winston-Salem[40] prohibit discrimination on the basis of sexual orientation and gender identity in local public employment. The counties of Durham[36] and Guilford[36] along with the cities of Bessemer City,[36] Durham,[41] and High Point[36] prohibit local public discrimination on the basis of sexual orientation only.

The University of North Carolina system, which comprises North Carolina's 16 public universities, established a policy of non-discrimination with regard to sexual orientation and gender identity in employment and for students,[42] which is now in partially in conflict with the Public Facilities Privacy & Security Act.[43]

Appalachian State University, Fayetteville State University, North Carolina Agricultural and Technical State University, North Carolina Central University, North Carolina State University, University of North Carolina at Asheville, University of North Carolina at Chapel Hill, University of North Carolina at Charlotte, University of North Carolina at Greensboro, and University of North Carolina at Pembroke have established non-discrimination policies that cover sexual orientation and gender identity in employment and admissions.[citation needed] East Carolina University, University of North Carolina at Wilmington, University of North Carolina School of the Arts, Western Carolina University, and Winston-Salem State University have established non-discrimination policies that cover sexual orientation in employment and admissions.[citation needed] Elizabeth City State University is the only public university in North Carolina that has not established a non-discrimination policy in respect to either sexual orientation or gender identity for employees or students.

The North Carolina Housing Finance Agency has a policy which provides "all employees and applicants for employment with equal employment opportunities, without regard to race, color, religion, creed, gender, sexual orientation, national origin, age, disability, political affiliation, or any other protected status".[44][needs update]

On June 26, 2014, the North Carolina House of Representatives passed by a 115–0 vote for an amendment to bill that prohibits discrimination in charter schools on the basis of any "category protected under the United States Constitution or under federal law applicable to the states." The amendment was later removed in the North Carolina State Senate and not included in the final bill signed into law.[45][46][47]

On April 12, 2016, North Carolina Governor Pat McCrory signed an Executive Order outlawing LGBT discrimination in any public employment within the state,[48] though it did not impact the controversial HB2 legislation.[49] In October 2017, Governor Roy Cooper extended this discrimination protection to businesses that contract with the state.[50][51]

Public Facilities Privacy & Security Act

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Main article: Public Facilities Privacy & Security Act

Passed in March 2016, the law also known as "HB2" prevents local governments from enacting policies contrary to state law in regards to hiring and use of bathroom facilities, and requires all people to use the bathroom of the gender listed on the person's birth certificate. The portion of the law regarding bathroom use based on gender at birth was repealed by the state legislature on March 30, 2017, and signed into law by North Carolina Governor Roy Cooper the very same day.[52]

House Bill 142

[edit]
Main article: House Bill 142 (Session 2017 of the North Carolina General Assembly)

Charlotte ordinance

[edit]

In August 2021, a local ordinance was passed within the city of Charlotte to explicitly outlaw and ban discrimination on the basis of both sexual orientation and gender identity. It goes into legal effect from January 1, 2022.[53][54][55]

Catholic school case

[edit]

In September 2021, a Catholic school fired a gay teacher back in 2014 and a federal judge ordered that he be reinstated immediately - because legally Catholic schools can't fire gay teachers under federal jurisdiction. This case will possibly be appealed in higher courts (and maybe as far as the Supreme Court of the United States).[56]

Wake County ordinance

[edit]

In October 2021, Wake County passed a legal ordinance to explicitly legally ban discrimination on the basis of both sexual orientation and gender identity.[57] About 30% of the North Carolina population is now legally protected from discrimination on the basis of both sexual orientation and gender identity by locally enforced ordinances.

Hate crime law

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North Carolina's hate crime statute does not cover sexual orientation or gender identity.[58]

Domestic violence protection

[edit]

In January 2021, a federal judge struck down the last US state law — North Carolina — that did not recognise same-sex domestic violence. Domestic violence protection laws are now extended to include same-sex couples.[59][60]

Conversion therapy

[edit]
See also: List of U.S. jurisdictions banning conversion therapy

On August 3, 2019, the North Carolina Governor Roy Cooper signed an executive order within his office - explicitly banning any state funding of conversion therapy on minors. This is the first time a southern US state has done this.[61][62][63]

Transgender rights

[edit]

On August 16, 2023, the legislature voted to override the governor's veto, and three new laws took effect immediately. They govern:[64][65]

  • requiring educators to notify parents if a student requests that they use a different name or set of pronouns
  • trans girls banned playing team sports
  • gender-affirming care for transgender minors banned

On July 29, 2025, the legislature voted to override the governor's veto, thereby approving HB 805, which contained a number of laws restricting trans rights, including a legal definition of male and female.[66]

Female sports and athletes ban

[edit]

In August 2023, Governor Cooper's veto of House Bill 574 was overridden, which explicitly bans transgender individuals assigned male at birth from participating in female sports and athletic teams within the state.[67]

Gender identity documents

[edit]

On June 26, 2022, a federal judge ruled that gender-affirming surgery was no longer required for North Carolina changes to the gender marker on North Carolina birth certificates.[68] This was the result of a lawsuit filed by Lambda Legal in November 2021; the lawsuit had complained that the existing law required "sex reassignment surgery" without defining it.[69]

On July 29, 2025, after Governor Josh Stein vetoed HB 805, the legislature overrode his veto. This requires amended birth certificates to continue to display the person's originally assigned sex along with any change to it.[66]

Students and the "Parents' Bill of Rights"

[edit]

Effective August 15, 2023, SB49, known as the Parents' Bill of Rights, was adopted under the guise of fostering increased parental involvement in their children's education and more oversight for educators and their choice of instructional material. The bill includes:

  • A ban on instruction of gender identity, sexual activity, or sexuality in grades kindergarten through fourth grade, regardless of whether the information is provided by school personnel or third parties. Curriculum includes the standard course of study and support materials, locally developed curriculum, supplemental instruction, and textbooks and other supplementary materials, but does not include responses to student-initiated questions.
  • Required notification of a parent if a child requests to go by a different name or pronoun in school records or by school personnel.
  • The right for parents to inspect and object to instructional materials.[70]

Gender-affirming healthcare under 18 ban

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Since August 2023, minors cannot be prescribed puberty blockers or hormone therapy or receive gender-affirming surgery.[64]

Ban on state funds for gender transition procedures for inmates and minors

[edit]

§ 143C-6-5.6, as amended by Session Law 2025-84, took effect on July 29, 2025, but applies retroactively to July 1, 2025. It prohibits the use of state funds—directly or indirectly—for surgical gender transition procedures, puberty-blocking drugs, or cross-sex hormones when provided to individuals incarcerated in the state prison system, participants in the Statewide Misdemeanor Confinement Program, or others in the custody of the Department of Adult Correction, including through government-administered health plans or insurance policies that cover such procedures for these groups. This provision applies only to adults and does not pertain to minors. An exception allows state funds to be used to treat medical complications resulting in imminent physical harm, including conditions caused or worsened by a prior or privately funded gender transition procedure.[71]

Children's rights

[edit]

§ 7B-102 took effect on July 3, 2025, but applies retroactively to July 1, 2025, to prohibit the filing of abuse or neglect petitions solely based on raising a juvenile consistent with their biological sex or referring to them as such. The statute clarifies that this limitation does not authorize other acts that would otherwise constitute abuse, such as abandonment or creating an injurious environment. § 48-3-203, as amended by Session Law 2025-59, took effect on July 3, 2025. It prohibits adoption agencies from denying or delaying prospective adoptive placements based on the adoptive parents' refusal or lack of support for a child’s engagement in a gender transition.[72]

§ 14-318.2, as amended by Session Law 2025-59, took effect on July 1, 2025. It establishes that parents and caregivers are not guilty of misdemeanor child abuse solely for raising a child according to their biological sex or making corresponding medical and mental health decisions. § 14-318.4, as amended by Session Law 2025-59, also took effect on July 1, 2025. It clarifies that such conduct does not constitute felony child abuse. It further defines "serious mental injury" as excluding the act of raising a child consistent with their biological sex.[72]

Civil remedies for medical malpractice from gender transition procedures on non-minors

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Effective July 29, 2025, with retroactive application to all qualifying causes of action regardless of when they accrued, § 90-21.175 establishes a cause of action for medical malpractice arising from gender transition procedures performed on individuals who are not minors. Under this provision, a malpractice action under § 1-15 may be brought within 10 years of the discovery of both the injury and its causal connection to the treatment received during the gender transition process. The law also revives any such cause of action that would otherwise be barred by the statute of limitations, including claims not previously asserted or currently pending in litigation or on appeal.[71]

The statute prohibits medical professionals or entities from obtaining contractual waivers of liability for services related to gender transition, declaring such waivers null, void, and contrary to the public policy of the State. Additionally, the statute exempts these malpractice claims from the application of § 90-21.19, which ordinarily limits noneconomic damages in medical malpractice actions. This exemption allows plaintiffs in such cases to potentially recover higher awards for pain and suffering and other nonpecuniary harms.[71]

Identification documents

[edit]

Birth certificates

[edit]
Attachment of original and amended birth certificates for sex changes
[edit]

Effective December 1, 2025, § 130A-118, as amended by Session Law 2025-84, mandates procedural changes to how sex designation changes are recorded on birth certificates. When the sex on a birth certificate is amended—whether through issuance of a new certificate or correction under subsection (a) or (b)(4)—the State Registrar must attach the amended certificate to the original certificate as part of a single, multi-page document.[71]

A copy of the amended certificate must also be forwarded to the register of deeds in the county of birth, who must likewise attach and preserve both the original and amended certificates as a multi-page record. All certified copies issued after the amendment must include both documents—removing the confidentiality traditionally associated with sex marker changes. The State Registrar is also required to adopt rules and policies to implement these provisions.[71]

The following statewide laws, policies, and directives explicitly include gender identity in their definitions or protections and are therefore exempt from § 12‑3.3’s biologically based default definitions:

  • All areas of state contracting, state employment, and state services
  • All North Carolina Cabinet agencies
  • All public school students, school employees and volunteers in reporting roles in grades K–12 (bullying motivated by actual or perceived gender identity only)
  • All school-operated settings and activities under the jurisdiction of North Carolina public schools
  • Interagency councils and advisory boards involved in environmental and climate policy
  • State-administered environmental justice and clean energy programs[71]

Sleeping quarters restrictions

[edit]

Effective with the 2025–2026 North Carolina school year, § 115C‑76.110 requires all public K–12 schools to adopt policies prohibiting students from sharing sleeping quarters with members of the opposite biological sex during school-authorized activities or events. The law defines sleeping quarters as any room or area designated for overnight sleep, and biological sex as determined pursuant to § 12-3.3.[71]

Under this statute, students may not share sleeping quarters with members of the opposite biological sex unless one of the following exceptions applies:

  • Written permission has been provided to the school by the parents or legal guardians of all students sharing the sleeping quarters.
  • The student sharing sleeping quarters with a member of the opposite biological sex is an immediate family member, including a parent, sibling (including step- and half-siblings), or grandparent.[71]

Statutory definition of gender identity and sex

[edit]

Effective January 1, 2026, § 12‑3.3 requires that all administrative rules, regulations, and public policies adopted by the state or its political subdivisions interpret the terms “male,” “female,” and “sex” based on biological characteristics present at birth, unless a specific statute, regulation, or policy expressly provides otherwise. The statute defines gender identity as a subjective internal sense of being male, female, or another gender, which is not legally or biologically equivalent to sex.[71]

The following statewide laws, policies, and directives explicitly include gender identity in their definitions or protections, and are therefore exempt from § 12‑3.3’s biologically based default definitions:

  • All areas of state contracting, state employment, and state services
  • All North Carolina Cabinet agencies
  • All public school students, school employees and volunteers in reporting roles in grades K–12 (bullying motivated by actual or perceived gender identity only)
  • All school-operated settings and activities under the jurisdiction of North Carolina public schools
  • Interagency councils and advisory boards involved in environmental and climate policy
  • State-administered environmental justice and clean energy programs[71]

Summary table

[edit]
Same-sex sexual activity legal Yes (Since 2003 under the SCOTUS; Not codified into law yet as of 2020)
Equal age of consent Yes
Anti-discrimination laws in every area Yes/No (Both sexual orientation and gender identity within state government employment only — additionally some cities and counties go much further explicitly banning both sexual orientation and gender identity discrimination in all areas by local ordinances)
Same-sex marriages Yes
Recognition of same-sex couples Yes
Joint and stepchild adoption recognition by same-sex couples Yes
Protects LGBT students from bullying within schools Yes[73]
Lesbians, gays and bisexuals allowed to serve openly in the military Yes (Since 2011)
Transgender people allowed to serve openly in the military No (Banned since 2025)[74][75]
Transvestites allowed to serve openly in the military No[76]
Intersex people allowed to serve openly in the military X/Yes (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)[76]
Conversion therapy banned Yes (Since 2019 from state government funding only)[61][62][63]
Right to change legal gender Yes (Does not require sexual reassignment surgery)
Third gender option on drivers licenses No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes/No (3 months deferral period, federal policy)

See also

[edit]

References

[edit]
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  2. ^ "G.S. § 14-177". Ncga.state.nc.us. Retrieved 2013-12-05.
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  54. ^ "Five years after abhorrent anti-trans bathroom bill, city passes sweeping LGBT+ protections". 11 August 2021.
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  61. ^ a b "N. Carolina is first in South to ban state funding for conversion therapy". NBC News. 2 August 2019.
  62. ^ a b "NC Gov. Bans Funding for LBGTQ Youth 'Conversion Therapy'". 2 August 2019.
  63. ^ a b "North Carolina Just Defunded Conversion Therapy on Minors". 3 August 2019.
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  67. ^ "North Carolina Legislature overrides vetoes of bills targeting transgender health care, athletes". 16 August 2023.
  68. ^ "Transgender people in North Carolina no longer required to provide proof of surgery to correct birth certificates". The Hill. 23 June 2022.
  69. ^ Avery, Dan (16 November 2021). "Lawsuit challenges surgery requirement for N.C. Birth certificate change". NBC News. Retrieved 9 February 2023.
  70. ^ "North Carolina Senate Bill 49" (PDF). North Carolina General Assembly. August 16, 2023.
  71. ^ a b c d e f g h i j North Carolina General Assembly. "House Bill 805 / SL 2025‑84 – Prevent Sexual Exploitation/Women and Minors." *Bill Lookup*, 2025. Archived August 1, 2025, via Wayback Machine: https://web.archive.org/web/20250801071023/https://ncleg.gov/BillLookUp/2025/h805
  72. ^ a b North Carolina General Assembly. "Senate Bill 442 / SL 2025‑59 – Parents Protection Act." *Bill Lookup*, 2025. Archived August 2, 2025, via Wayback Machine: https://web.archive.org/web/20250802001204/https://www.ncleg.gov/BillLookUp/2025/s442
  73. ^ "Movement Advancement Project | Safe Schools Laws".
  74. ^ Simmons-Duffin, Selena (2025-01-28). "Trump issues order to ban transgender troops from serving openly in the military". NPR. Retrieved 2025-06-25.
  75. ^ Liptak, Adam (2025-05-06). "Supreme Court Lets Trump Enforce Transgender Troop Ban as Cases Proceed". The New York Times. ISSN 0362-4331. Retrieved 2025-06-25.
  76. ^ a b Military.com (2021-05-10). "Medical Conditions That Can Keep You from Joining the Military". Military.com. Retrieved 2021-08-30.
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