Is Same-sex Marriage Legal in South Carolina? Here’s What You Should Know About the Law

Same-sex marriage has been a pivotal issue in the United States for decades, and South Carolina is no exception. The journey toward marriage equality in the Palmetto State reflects a broader national struggle, complete with legal battles, evolving public sentiment, and changing federal laws.

As of today, same-sex marriage is legal in South Carolina, but understanding how we got here requires a closer look at both the history and the legal landscape surrounding this issue.

The Legal Status of Same-Sex Marriage in South Carolina

As of June 26, 2015, same-sex marriage is fully legal in South Carolina and across the entire United States. This is due to the landmark U.S. Supreme Court decision in Obergefell v. Hodges, which declared that same-sex couples have a constitutional right to marry. This ruling overrode any state laws or bans, including South Carolina’s.

Before this federal decision, South Carolina had actively prohibited same-sex marriages. The state passed both statutory and constitutional bans on same-sex marriage, and for years resisted efforts to change those laws.

A History of Resistance

South Carolina was among the states with strong opposition to same-sex marriage for many years. In 1996, the state enacted a statute explicitly defining marriage as between one man and one woman. Then, in 2006, South Carolina voters approved Amendment 1, a constitutional amendment reinforcing the state’s ban on same-sex marriage and civil unions.

This amendment stated:
“A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State.”

For nearly a decade, this law stood unchallenged at the state level.

The Shift Begins: Federal Courts Step In

Change began to stir in the early 2010s as same-sex couples across the nation filed lawsuits against state bans. In 2014, the tide started to turn in South Carolina due to federal court decisions in neighboring states like North Carolina and Virginia, where similar bans were overturned.

In November 2014, U.S. District Judge Richard Gergel ruled that South Carolina’s ban on same-sex marriage was unconstitutional. This ruling came as part of a case known as Condon v. Haley, which challenged the state’s refusal to issue marriage licenses to same-sex couples.

Despite pushback from state officials, including then-Governor Nikki Haley and Attorney General Alan Wilson, the courts upheld the decision. On November 20, 2014, same-sex marriages officially began in South Carolina.

Full Legalization: Obergefell v. Hodges (2015)

While Judge Gergel’s decision legalized same-sex marriage in South Carolina, it wasn’t until the Supreme Court’s 2015 ruling in Obergefell v. Hodges that the issue was settled once and for all at the national level. The decision required all states to issue marriage licenses to same-sex couples and to recognize such marriages performed in other states.

This ruling invalidated all remaining state bans, including South Carolina’s Amendment 1, rendering them unenforceable.

Current Legal Protections and Rights

Today, same-sex couples in South Carolina enjoy the same legal marriage rights as opposite-sex couples, including:

• The ability to adopt children
• Access to spousal health insurance and tax benefits
• Rights to make medical and legal decisions for a spouse
• Inheritance rights
• Divorce and custody rights in the case of separation

However, protections for LGBTQ+ individuals in South Carolina remain limited in other areas, such as employment and housing discrimination, as there are no comprehensive statewide laws that prohibit discrimination based on sexual orientation or gender identity.

Public Opinion and Cultural Climate

Public support for same-sex marriage has grown steadily in South Carolina over the years. In the early 2000s, support was low, and most voters approved the ban in 2006. But by the time of the 2015 Supreme Court ruling, polls showed that a growing number of South Carolinians favored or accepted the idea of marriage equality.

Despite legalization, same-sex couples in South Carolina may still encounter social or religious resistance, especially in more conservative or rural areas. However, urban centers like Charleston, Columbia, and Greenville tend to be more inclusive and supportive.

Conclusion

Same-sex marriage is legal and recognized in South Carolina, thanks to years of activism and significant legal victories in the federal courts. While the road to marriage equality was long and filled with resistance, LGBTQ+ couples now have the same legal rights to marry as any other couple in the state. Still, challenges remain in ensuring full equality and protection in other aspects of life. Understanding the past helps us remain vigilant and continue moving forward toward a more inclusive future.

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