Is gay marriage legal in south carolina
The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution.
Before the Obergefell decision, states made their own laws regarding same-sex marriage. After the decision, all states were required to permit same-sex couples to join and to recognize such unions that were performed in other states.
This is the background to the 2021 South Carolina Supreme Court decision in Swicegood v Thompson (read the court’s short decision here) regarding same-sex common statute marriages and whether Obergefell applies retroactively.
The SC Court of Appeals Cites SC Law Prohibiting Same-Sex Marriage Post-Obergefell
Swicegood v Thompson first went before a family court in 2014 which ultimately found that the Obergefell decision does employ retroactively, and that that Cathy J. Swicegood and Polly A. Thompson, who were domestic partners for over 13 years, did establish a common-law marriage.
When the case came before the SC Court of Appeals in 2020, it found that Swicegood and Thompson had failed to establish a common regulation marriage because:
- South Carolina Code Sectio
Eli Brooks and Jacy Royal said "I do" during a short wedding ceremony in Charleston’s Hampton park on a chilly day in December.
It was not the wedding they planned. They were initially shooting for spring. But as an LGBTQ+ couple, they said the uncertainty that clouds the future for rights for homosexual people in South Carolina pushed them to speed up the process.
"It was a bittersweet thing, but I'm just glad to be married," Royal told The Post and Courier.
Steven Willard, a Charleston resident on and off for the past 50 years, officiated the Dec. 6 ceremony.
Willard, a gay man, became ordained about eight years ago in order to bond two of his close friends. Days after the presidential election, he created a Facebook send offering to bond LGBTQ+ couples.
"Fun fact: I can officiate and marry you," the Nov. 9 post read. "If you are LGBT and need to marry before Jan. 20, hit me up. No charge."
Officiants across South Carolina made similar applications, extending a hand to LGBTQ+ couples to help them marry and navigate getting their affairs in order before President-elect Donald Trump takes office Jan. 20.
Same-sex marriage is a federally protected right. But after witne
LEGISLATURE: GAY MARRIAGE? NOT SO FAST
March 18, 2015. Greenville News.By Lyn Riddle. South Carolina's marriage license application has been changed to append spouse and spouse.
State taxes can be filed jointly for same-sex couples who marry, and returns can be amended for the years a couple has been legally wed.
State agencies moved posthaste to comply with the ruling of U.S. District Assess Richard Gergel, who struck down South Carolina's ban on homosexual marriage last November.
Meanwhile, the South Carolina General Assembly is not done with the issue.
Four bills are pending. One would absolve state employees from punitive activity if they perform not want to issue marriage licenses to same-sex couples. Another would prohibit any state agency from taking deed against individuals or businesses who complete not want to serve gay couples.
The third would strip away all coins from any probate court that issued licenses to queer couples.
And the fourth is to be debated by the Senate Judiciary Committee Tuesday afternoon. It would call for a constitutional convention to amend the U.S. Constitution to define marriage as being between one man and one woman.
The bill was passed on a 3-2 vote
Same-sex Marriage in South Carolina
Same-sex Marriages Tailored Legal Inclusion for Your Family Matter
Let Our Columbia Family Law Attorneys Assist You
Exercising your newfound right to marry your same-sex partner is not only an important step in your relationship but also a milestone moment for your civil liberties. You will wish to make sure that you are not making any missteps along the way by teaming up with the Columbia, SC marriage lawyers from our stable, who genuinely care about you and your needs.
When you retain the assistance of our rigid , you will be working directly with a team that has:
- Been helping families since 1998
- Worked on hundreds of family law cases
- A former judge on staff
- Earned numerous positive client reviews
Is Same-Sex Marriage Legal in South Carolina?
Same-sex marriage – also commonly referred to as gay marriage – was recognized in South Carolina in late 2014 after a federal court ruling. Due to the youth of the laws surrounding it, many same-sex couples are still unsure how to file for a marriage license. It is also likely that some county clerks may still be erroneously denying the paperwork to same-sex couples. Our