Berger, Tillis Take Prudent Step to Defend Will of N.C. Voters | Eastern North Carolina Now

Press Release:

    Raleigh, N.C.  -  Senate President Pro Tempore Phil Berger (R-Rockingham) and House Speaker Thom Tillis (R-Mecklenburg) announced Friday they have retained pro bono outside legal counsel to advise them on the defense of North Carolina's constitutional amendment defining marriage as the union of one man and one woman.

    Their decision follows public political comments on this and other issues by Attorney General Roy Cooper that have called into question his willingness to defend broadly-supported North Carolina laws against partisan attacks from left-wing activists.

    The attorney general is the lead counsel contesting a legal challenge to the marriage amendment, which a wide majority of North Carolinians voted to add to the state constitution in May 2012. But Cooper has made his opposition to the law well-known this fall, in news interviews and as keynote speaker at a fundraising event for a special interest group that fought the constitutional amendment.

    Even Cooper's former assistant attorney general has voiced surprise at his previous employer's actions, and newspaper editorial writers have asserted "the appearance of conflict is crystal-clear."

    While the General Assembly is not formally intervening in the lawsuit at this time, the outside counsel will provide backup review of the attorney general's work to ensure he is fulfilling his duty to vigorously defend the law.

    Berger and Tillis issued the following joint statement on their decision:

    "North Carolinians deserve an attorney general who defends the law 100 percent of the time, regardless of political ambition  -  but observers across the political spectrum agree Roy Cooper's own actions have raised legitimate concerns about his ability to uphold his oath of office. It's unfortunate we have to take this step to ensure the voters' strong support for a constitutional amendment protecting marriage is defended."

    Berger and Tillis reiterated their full confidence in the professional, non-partisan staff at the N.C. Department of Justice, as long as the attorney general takes the appropriate action to firewall them from his political activity.

    President Pro Tempore Senator Phil Berger

    2007 Legislative Building
    Raleigh, N.C. 27601

    (919) 733-5708


    Contacts:

     Amy Auth, (919) 301-1737  •  Shelly Carver (919) 301-1744
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