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Fate of gay marriage ban in voters' hands

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    Residents head to the polls in North Carolina

  • Duration 2:56
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Conversation today a -- -- -- constitutional amendment to ban gay marriage it happens tomorrow in the state of North Carolina.

That's state defines marriage as between one man and one woman.

But people on both sides of this issues say that they want to change.

John Roberts is on the story -- in Atlanta today Saddam what do both sides saying here.

Hey hey good morning Jim Martha some people reports of -- organized -- the same -- anything you know 29 states across the country got constitutional amendments.

Against same sex marriage North Carolina the only state in the south without one.

As you pointed out it does have a legal prohibition against gay marriage already so why the need for an amendment state senator dancing check.

Is one of the prime sponsors of amendment one here's what he told.

The reason -- did this is because the possibility of a -- judge overturning a law there are lawsuits right now with people judge shopping.

Looking to find a way to overturn the law we don't want the process to be through the judicial system we want the process to be for the people of North Carolina.

So you might be asking yourself why now it's because Republicans have only recently been in a position where they could bring this up but they have wanted Martha to bring it up for years interesting so what about the language in this amendment luckily learn from that.

Yeah and what opponents are saying about the opponents are saying there -- a lot of unintended consequences in this lawless bring up the language -- it will be on the ballot tomorrow.

It's State's marriage between one man and one woman is the only domestic legal.

Only domestic legal union that shall be valid or recognized in this state.

So opponents of this even some conservatives say wait a minute what about civil unions and domestic partnerships those -- in there.

Could unmarried couples even heterosexual ones potentially lose benefits and look what happened in Ohio.

For three years between 2004 and 2007.

A number of domestic abuse cases were dismissed -- the courts wrangled over whether or not that State's constitutional amendment.

Gave legal protections to -- married people.

And that's what the Apollo opposition is fighting on Jeremy Kennedy is leading that opposition here's what he told.

Marriage was not -- under attack in North Carolina no one was trying to change that now they're trying to come in with -- They have unnecessary constitutional amendment that's poorly worded and -- -- have unintended consequences for women and children in this state.

That's sponsors of amendment one say when -- -- there are plenty of protections against domestic abuse in the state of North Carolina and there is also language in this amendment that would allow for private companies.

To give same sex domestic benefits.

How's it gonna do tomorrow let's put up a poll this is from PPP public policy polling just came out early this morning.

55%.

Of people say there for 39% against so what were to be voted on at this very moment it would win by sixteen points Martha.

Very interesting and no -- there watching this very closely in the 2012 politics in Joseph Biden's comments over the weekend.

Add to the whole -- John thank you very much as the -- -- sat in Atlanta this morning.

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