Gay marriage is currently legal in South Carolina. Same-sex marriage became legal in South Carolina in 2014 following a court case called Bostic v. Schaefer that overturned gay marriage bans in certain states.
Because of the court’s decision in Bostic v. Schaefer, same-sex marriage was legal in South Carolina one year before it became legal throughout the USA in 2015. While South Carolina is not always the most LGBT-friendly state, it is at least legal to get married in South Carolina.
Today, gay marriage is permitted under federal law, meaning it is legal in every state. The Supreme Court case Obergefell v. Hodges overturned any law that made same-sex marriage illegal.
In 2022, the federal government also passed the Respect for Marriage Act, protecting same-sex marriage even more.
The History of Same-Sex Marriage in SC: Banned from 1996 to 2014
In 1996, the South Carolina legislature passed a law that defined marriage as between a man and a woman. Around this time, multiple states including neighboring North Carolina passed similar laws due to a court case over gay marriage that occurred in Hawaii.
South Carolina took one step further against same-sex marriage by passing a constitutional amendment in 2006. The amendment, which defined marriage as between an opposite-sex couple, was approved by two-thirds of each house in South Carolina’s General Assembly.
The amendment was also approved by a majority of voters. Luckily, attitudes toward gay marriage have changed significantly in South Carolina since 2006.
As the debate over same-sex marriage picked up steam in the 2010s, there was a major effort to pass amendments like this one in many states throughout the country. Thankfully, these strict laws against gay marriage in South Carolina were overturned in 2014.
Same-Sex Marriage Became Legal in South Carolina in 2014
In 2014, a case called Bostic v. Schaefer was decided by the Fourth Circuit Court of Appeals in Virginia. The case was about a Virginia law, but the Fourth Circuit includes Virginia, South Carolina, North Carolina, West Virginia, and Maryland.
The court decided that Virginia’s gay marriage ban was unconstitutional. Because South Carolina is in the same circuit, the decision also applied to South Carolina’s marriage laws. After this case was decided, South Carolina officials had to issue marriage licenses to same-sex couples.
In November 2014, the first legal gay marriage ceremony in South Carolina took place. Now there are thousands of legally married same-sex couples in the state.
In 2015, the U.S. Supreme Court decided a case called Obergefell v. Hodges that made same-sex marriage legal across the United States. The Supreme Court decided that the Fourteenth Amendment to the U.S. Constitution required states to permit and recognize same-sex marriage.
The Future of Gay Marriage in South Carolina
In 2022, the United States Senate and House of Representatives passed the Respect for Marriage Act passed the Senate and House. The act was signed by President Biden and became law in December 2022. This law ensures that gay marriage remains legal in the United States.
Without the Respect for Marriage Act, the Supreme Court could undo its decision and allow states like South Carolina to ban gay marriage once again. The same law also protects interracial marriage. Interracial marriage was made legal by a court case in 1967.
Today, the status of gay marriage in South Carolina is protected in a few different ways. Same-sex marriage was legalized in South Carolina by the Fourth Circuit court decision. It was legalized throughout the country by a 2015 U.S. Supreme Court decision.
The Respect of Marriage Act is another form of protection for gay marriage. Also, about 50% of adults in South Carolina now support legal gay marriage, which is much higher than in 2007 when voters chose to ban gay marriage.
However, in 2022 Governor Henry McMaster of South Carolina stated that he would like to overturn gay marriage in South Carolina if he could. He stated that marriage should be between a “man and a woman.” This is a troubling signal for gay couples in South Carolina.
Why is Same-Sex Marriage Important to the LGBTQ Community?
People who are legally married are entitled to many important legal benefits. For example, being married offers benefits to spouses related to taxes, inheritance, and healthcare. These benefits can be worth thousands of dollars in monetary terms.
Besides financial and legal benefits, same-sex couples fought for marriage equality because they want the government to recognize their relationships as equal to straight relationships. Marriage equality is an indicator of the status of LGBTQ people in South Carolina and across the country.
Conclusion
Gay marriage is legal in South Carolina since 2014. It will continue to be legal unless the Supreme Court overturns its decision in Obergefell v. Hodges, and the federal Respect for Marriage Act is also repealed or overturned.
It is concerning that many South Carolina lawmakers, including its governor, vocally supported making same-sex marriage illegal again.
For now, it seems likely that gay marriage will remain legal in South Carolina for the foreseeable future.
References
Congress.gov – Respect for Marriage Act
NBC News – SC Governor Says Marriage Should Be Between a Man and a Woman
Freedomtomarry.org – History of Freedom to Marry in South Carolina
The Guardian – South Carolina’s Gay Marriage Ban Struck Down in Federal Court
PRRI – 50 State Survey – Americans Support LGBTQ Discrimination Protection Laws
