Foy and the council asked the state legislature to repeal the Defense of Marriage Act (1996) and had Chapel Hill grant domestic partnerships. Foy did not seek reelection in 2009 and considered a run for U.S. Senate in 2010. Support for incumbent senator Richard Burr, however, was greater than that of any Democrat, including Foy. Foy endorsed the 2009 campaign of his eventual successor, Mark Kleinschmidt.
