Judge Gergel’s Decision in Condon v. Haley

marriageequalityJudge Richard Gergel of the United States District Court of South Carolina (Charleston) handed down a decision this morning in Condon v. Haley, declaring S.C. Code Sections 20-1-10 and 20-1-15 and S.C. Const. Art. XVII Section 15 to unconstitutionally infringe on same-sex couples’ fundamental right to marry and their equal protection rights.  Noting that these rights are guaranteed under the Due Process and Equal Protection clauses of the Fourteenth Amendment,    Gergel held that the United States Court of Appeals for the Fourth Circuit’s decision in Bostic v. Schaefer was controlling.  He pointed out that the United States Supreme Court decision in United States v. Windsor, published in June of 2013, paved the path for this morning’s decision.

Hat Tip:  The State and The Post & Courier

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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