Gay marriage legal in south carolina
CHARLESTON, S.C. -- The U.S. Supreme Court has refused to block gay marriages in South Carolina.
The tall court on Thursday denied a request by Republican Attorney General Alan Wilson. He had wanted the marriages blocked while he challenges a judge's recent decision that opened the way for the marriages.
On Wednesday, the first marriage licenses were issued in Charleston and a lesbian couple exchanged vows on the courthouse steps.
South Carolina is one of nearly three dozen states where gay marriages have taken place. In Montana on Wednesday, a federal evaluate ruled that state's ban on gay marriage was unconstitutional.
CBS affiliate WLTX reports that Wilson said Thursday he would continue the legal fight against same-sex marriage.
"Despite today's refusal to grant our motion, the U.S. Supreme Court has not yet resolved disagreeing rulings by federal appeals courts on the issue of same sex marriage," Wilson said. "When the U.S. Supreme Court decides to consider the case, our office will be supporting the position of the Sixth Circuit Court of Appeals, which is more consistent
South Carolina Rules on Same-Sex Common Law Marriage
In a recent South Carolina trial court decision, a family court justice found that a same-sex couple who had separated after thirty (30) years of being together had a common law marriage. South Carolina is one of eight (8) states that recognize common law marriage, including Rhode Island. In so finding, the family court justice determined that the U.S. Supreme Court’s landmark decision - Obergefell v. Hodges – applies retroactively. In Obergefell, the U.S. Supreme Court held that the right to verb is a fundamental right inherent in the liberty of the person and that couples of the same-sex may not be deprived of that right. The South Carolina decision found that the couple’s conduct over a span of 30 years created a common law marriage even though Obergefell was not decided until The South Carolina decision, therefore, may be the first time a family court justice applied Obergefell retroactively to find that a same-sex common law marriage existed, and has potential
LEGISLATURE: GAY MARRIAGE? NOT SO FAST
March 18, Greenville News.By Lyn Riddle. South Carolina's marriage license application has been changed to include 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 quickly to comply with the ruling of U.S. District Judge Richard Gergel, who struck down South Carolina's ban on gay marriage last November.
Meanwhile, the South Carolina General Assembly is not done with the issue.
Four bills are pending. One would absolve express employees from punitive deed if they do not want to issue marriage licenses to same-sex couples. Another would prohibit any state agency from taking action against individuals or businesses who do not want to serve gay couples.
The third would strip away all money from any probate court that issued licenses to same-sex 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
Same-sex Marriage in South Carolina
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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 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