Federal Judge Strikes Down South Carolina Marriage Equality Ban

Written by scott on November 12th, 2014

South Carolina MapOK, it’s official – a Federal Judge in South Carolina just struck down the state’s ban on marriage equality.

The Washington Blade reports:

In a 26-page decision issued on Wednesday, U.S. District Judge Richard Mark Gergel, an Obama appointee, determines the South Carolina’s ban on gay nuptials violates same-sex couples’ rights to equal protection and due process under the Fourteenth Amendment of the U.S. Constitution. Gergel bases his decision on an earlier ruling from the U.S. Fourth Circuit Court of Appeals against the marriage ban in Virginia, which lies in the same judicial circuit as South Carolina. “While a party is certainly free to argue against precedent, even very recent precedent, the Fourth Circuit has exhaustively addressed the issues raised by Defendants and firmly and unambiguously recognized a fundamental right of same sex couples to marry and the power of the federal courts to address and vindicate that right,” Gergel writes.

The ruling has been stayed until November 20th.

Find more articles and gay wedding resources in South Carolina.


2 Comments so far ↓

  1. Michael says:

    SC needs to stop wasting money on hate-based religion’s efforts to harm gay families.

  2. Eric Osterberg says:

    ‘Tis a shame but SC state officials know not what they do. They are digging their heels in and soon will bury themselves.

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