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South Carolina

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The Status of Gay Marriage in South Carolina

In South Carolina, the battle for same sex marriage equality goes on. In 2006, voters in the state cast their ballots in approval of an amendment that banned South Carolina gay marriage and denied gay couples family status, although private parties could still hold a wedding that would not be recognized by the state’s government. While the law is currently not on the side of the homosexual population, recent events reveal the growing momentum toward marriage equality.

Rulings in Favor of Gay Marriage

South Carolina began to see an outcry for marriage equality when Katherine Bradacs and Tracie Goodwin, a lesbian couple raising a family, wedded each other in the District of Columbia and demanded that South Carolina recognize their legal union. However, while this case has been underway since August 28, 2013, Judge J. Michelle Childs stayed the case until there was a ruling on Bostic v. Shaefer, a case in Virginia, which had an impact on South Carolina gay marriage.

Virginia and South Carolina share the same federal judicial district. On July 28, 2014, The Fourth Circuit Court of Appeals ruled that Virginia’s ban on same-sex marriage was unconstitutional. This was a huge stride for the marriage equality movement, both as part of an increasing national shift and for South Carolina in particular.

The State of Things Today

While the Bostic v. Shaefer ruling is an enormous victory, the fight is not over. Same sex marriage is still banned in the state, and local politicians are adamant that it will stay that way. Right now, the law remains in limbo. State officials have requested a stay against any mandate the Fourth Circuit could put fourth. Luckily, there are many groups that are continuing the fight for South Carolina gay marriage. SC Equality, Alliance for Full Acceptance, and Freedom to Marry are all doing important work to make sure that identifying as a homosexual in the United States no longer means surrendering your right to a legally recognized wedding. Despite the desires of state politicians, widespread change is in the air.