What once seemed like a settled dispute in North Carolina has resurfaced in the form of an appeal to the Supreme Court. 

In October, the proposed amendment to the state constitution which included the state’s right to not recognize or perform same-sex marriages known as Amendment One was declared unconstitutional in federal court, thus legalizing same-sex marriage in North Carolina. Now legislative leaders in the state are trying to undo this decision.

Since the proposed amendment was found unconstitutional, many same-sex couples in North Carolina have been married and could potentially be facing a difficult situation depending on what the Supreme Court decides.

“There is the possibility of moving very far backwards depending on how the Supreme Court rules,” said Darren Lipman, a senior studying mathematics and political science, as well as the president of the GLBT center at NC State.

Some proponents of the appeal, such as Republican Tim Moore, who was nominated as Speaker of the House in North Carolina, have argued that those who voted for Amendment One represent the will of the state, according to The News & Observer.

Lipman said he doesn’t think this claim holds up to scrutiny given that the voter turnout for the primary was 35 percent.

“They keep saying that the will of North Carolina was Amendment One, but if you really look at the numbers that’s not the case,” Lipman said. “Public opinion polls show that same-sex marriage is favored by upwards of 60 and 70 percent. That is significantly greater than the 20 percent [of the population in North Carolina] who voted for Amendment One in 2012.”

Renee Wells, the director of the GLBT Center, similarly said the data seem to suggest that opinions about the topic are largely in favor of supporting same-sex marriage.

“When you look at the map and you look at the cultural shift that’s happened in the last year in terms of states that have now gone forward with legalization, it seems very clear that this is something that’s already been decided,” Wells said.

In light of the growing acceptance of same-sex marriage both state and nationwide, Wells said she doesn’t get the impression that students in the GLBT community at NC State are particularly worried about a reversal.

“I think people’s perception right now is that this is all really just talk and it’s not really going to go anywhere,” Wells said. “We’ve already moved forward as a state and people are getting married. My sense from students is that they’re not afraid that it’s going to be reversed.”

According to Lipman, however, there is room for legitimate concern.

Lipman said he gets the sense that the current discussion is not necessarily over the constitutionality of same-sex marriage, but whether or not a state has the right to define what marriage is.

“It comes down to what the Supreme Court decides,” Lipman said. “It’s now a more state’s rights issue rather than a strictly marriage issue, so it gets into these strange intersections of different parts of the law.”

As a member of LGBT community, Lipman said even if the legalization of same-sex marriage ends up getting repealed in North Carolina, he would still feel comfortable as a resident of North Carolina.

“If I’m comfortable living in North Carolina today and in 2012, I don’t think that would change,” he said. “I would certainly be more motivated to get out there and start lobbying with other people. The interesting thing about the LGBT rights movement is that a lot of it does happen at the policy level, but a lot of it is just mobilizing grassroots efforts and building bridges to those groups who are currently opposed to equal rights and helping them understand why they’re important.”

Wells said she thinks others in the LGBT community in North Carolina would take a similar approach should the Supreme Court decide to reverse the legalization.

“Certainly people are always going to be frustrated whenever they feel that they’re in a place that doesn’t value them, and there could potentially be people who wanted to leave,” Wells said. “But I do think that there’s a lot of energy and a lot of people who can and would stay here and make the argument and fight for their rights.”

As someone who has plans to get married in North Carolina, Lipman said the appeal is something he thinks about on a daily basis.

“It is especially in the forefront of what I think about daily because I would like to be able to get married where all of my friends and family could easily come and join us,” Lipman said. “I know college students maybe generally aren’t always thinking about marriage immediately, but for those who are it is a very important and very validating thing to know that you can go and legally get married, and have it recognized by the people where you live.”