Same-Sex Marriage on Hold in Charleston

marriageequalityThe Supreme Court of South Carolina responded to Attorney General Alan Wilson’s petition this morning.  According to the Court’s order, “…we accept this case in our original jurisdiction for the limited purpose of maintaining the status quo until the Federal District Court can resolve the case pending before it.  We also grant the motion to intervene, but take no further action on the motion with the exception that movants’ request to dismiss the Attorney General’s petition sua sponte is denied.  Respondent and all other probate judges are hereby directed not to issue marriage licenses to same-sex couples pending a decision by the Federal District Court in Bradacs.  Further, unless otherwise ordered by this Court, the issue of the constitutionality of the foregoing state law provisions shall not be considered by any court in the South Carolina Unified Judicial System while that issue remains pending before the Federal District Court.”   Thus neither Judge Irvin nor any other South Carolina Probate judges may issue a marriage license to same-sex couples until the Bradacs v. Haley decision is resolved in federal district court.

About Lisa Smith-Butler

Associate Professor of Law Charleston School of Law 385 Meeting St., Suite 322B Charleston, S.C. 29403 843.377.2144
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