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US law protects LGBTQ+ domestic violence victims

Rachel Badham January 5, 2021

North Carolina, US, has amended its legislation on the treatment of domestic violence victims to include LGBTQ+ people under state protections. It was the only state which did not have LGBTQ+ inclusive domestic violence regulations, but the change means queer people are now protected across the entire country. According to Jurist, the ruling came after a woman, who was in a same-sex relationship, was denied a Domestic Violence Protective Order (DVPO) under the terms of the North Carolina General Statutes (NCGS).

The NCGS states that only those in heterosexual relationships can claim protection from domestic violence, so her appeal was rejected. However, the court found that the current regulations were unconstitutional, served no government interest, and failed even the lowest level of scrutiny test.

State attorney general, Josh Stein, praised the decision

The court’s decision was widely praised, with the state’s attorney general, Josh Stein, tweeting: “A big win for equality in NC! all people are equal no matter if you are straight or gay. Today, the NC Court of Appeals recognized that truth and that the NC and US constitutions guarantee it.” State governor, Roy Cooper, agreed, saying: “This decision is a win for equality and inclusion and for our fight against domestic violence in North Carolina. State laws should protect everyone equally, including the LGBTQ+ community, and this ruling makes that clear.”

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