LGBT rights in South Carolina

LGBT rights in South Carolina

Same-sex sexual activity legal? Legal since 2003
(Lawrence v. Texas)
Gender identity/expression Altering sex on birth certificate requires sex reassignment surgery
Discrimination protections None statewide
Family rights
Recognition of
relationships		 Same-sex marriages performable and recognized in the state following a District Court ruling on November 12, 2014.
Adoption No restrictions

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Carolina face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Carolina. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.

Laws against homosexuality

South Carolina's sodomy laws, which made "buggery" a felony punishable by five years in prison or a $500 fine, were invalidated by the 2003 U.S. Supreme Court decision in Lawrence v. Texas.[1]

Recognition of same-sex relationships

South Carolina voters adopted a constitutional amendment in November 2006 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name. On November 12, 2014, U.S. District Judge Richard Gergel ruled for the plaintiffs in the case of Condon v. Haley and stayed his decision to overturn the state's constitutional ban on same-sex marriage until noon on November 20.[2] The Fourth Circuit Court of Appeals denied the state's request for a stay pending appeal or a temporary stay on November 18.[3] Attorney General Alan Wilson asked Chief Justice John Roberts, as Circuit Justice for the Fourth Circuit, for an emergency stay pending appeal later that day.[4] It made an argument other states in similar cases had not made to the Supreme Court, that the principle of federalism known as the "domestic relations exception"–which restricts the role of federal courts in certain areas reserved to the states–requires clarification.[5] Justice Roberts referred the request to the full court, which denied it with Justices Scalia and Thomas dissenting on November 20.[6] The first same-sex marriage took place in South Carolina on November 19, 2014 and marriage licences were accepted the next day as the state began to recognize and perform other gay marriages.

Adoption and parenting

South Carolina permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.[7] Children's birth certificates are automatically listed with the names of the biological mother and father. In order for a birth certificate to be legally changed to include two same-sex individuals as the parents of a child, assuming one of the two individuals is the biological parent, South Carolina's department responsible for birth certificates requires one of two legal certifications:

Discrimination protection

Map of South Carolina counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment
  Does not protect sexual orientation and gender identity in employment

No provision of South Carolina law explicitly addresses discrimination on the bases of sexual orientation or gender identity.[9]

The cities of Charleston,[10] Columbia,[10] Myrtle Beach,[11] North Charleston,[12] and Richland County,[13] as well as the town of Latta, South Carolina prohibit discrimination on the basis of sexual orientation and gender identity in employment.

Hate crime laws

South Carolina does not have a hate crimes law.[14]

References

  1. ↑ Marghretta Adeline Hagood, "South Carolina's Sexual Conduct Laws After Lawrence v. Texas," in South Carolina Law Review, Summer 2010.
  2. ↑ Johnson, Chris (November 12, 2014). "Judge strikes down South Carolina ban on same-sex marriage". Washington Blade. Retrieved November 12, 2014.
  3. ↑ "Stay Denied". Scribd.com. Retrieved November 18, 2014.
  4. ↑ "South Carolina Stay Application". Scribd.com. Retrieved November 18, 2014.
  5. ↑ Denniston, Lyle (November 18, 2014). "Emergency Application to Stay". SCOTUSblog. Retrieved November 18, 2014.
  6. ↑ "Order in Pending Case" (PDF). Supreme Court of the United States. November 20, 2014. Retrieved November 20, 2014.
  7. ↑ Human Resources Campaign: South Carolina Adoption Law , accessed April 10, 2011
  8. ↑ "Judge orders DHEC to amend birth certificate for same-sex couple". 12 September 2015.
  9. ↑ Human Resources Campaign: South Carolina Non-Discrimination Law, accessed April 10, 2011
  10. 1 2 "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013.
  11. ↑ Comer, Matt (June 11, 2014). "Myrtle Beach passes far-reaching LGBT protections". Q-Notes. Retrieved June 12, 2014.
  12. ↑ "Municipal Equality Index" (PDF). Human Rights Campaign. Retrieved November 21, 2013.
  13. ↑ Comer, Matt (June 8, 2011). "South Carolina county passes non-discrimination ordinance". Q-Notes. Retrieved April 4, 2012.
  14. ↑ Human Resources Campaign: South Carolina Hate Crimes Law, accessed April 10, 2011
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