**After this entry was posted, the North Carolina Supreme Court affirmed the decision of the Court of Appeals in M.E. v. T.J. and left the holding of the Court of Appeals regarding same-sex dating relationships undisturbed. M.E. v. T.J., _ N.C. _ (March 11, 2022), affirming as modified, 275 N.C. App. 528 (2020).Continue Reading
This post is also published on the NC Criminal Law blog.
Domestic violence protective orders (DVPOs) are available to “persons of the opposite sex who are . . . or have been in a dating relationship,” and who are able to establish that the person that they are or were dating committed an act of domestic violence against them. Persons of the same sex who are or were in a dating relationship don’t have the same opportunity. Is that constitutional? The Supreme Court of South Carolina just addressed a related question, and its opinion suggests that the answer is no. Continue Reading