Richter made the appeal filed by gay couples seeking marriage license
A gay couple’s appeal against Durham County denied their marriage license was rejected Monday by a judge District Court.
District Judge Craig Brown agreed with the county prosecutor, said it was the case of constitutional questions that more properly belong to Superior Court, where judges greater authority that the district court.
“The judges did not have the right,” said Brown. “The legislature makes law, magistrates and interpret them.”
Attorney Cheri Patrick, Mullinax candidates for marriage license and Richard Perry Pike, said she refile the case of Patrick Superior Court argued that their clients obtain a license, given that the guidelines are not specific to gender.
Mullinax Pike records and their use in late March in Durham County Register of Deeds Willie Covington denied their marriage license.
Durham County Attorney Chuck Kitchen then brought an application to dismiss the appeal, saying the men had it in the dossier Superior Court, as it tries to compel an official to act.
Kitchen says that during the District Court has jurisdiction over marriage issues such as cancellations, divorce, child benefit and child custody, District Court judges are not empowered to order. An injunction is the legal instrument, and should Mullinax Pike be in their efforts for a marriage license.
Patrick ineffective then argued that Superior Court was not the only forum.
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