Alan Wilson & the United States & South Carolina Supreme Courts

marriageequalityOn Tuesday, November 18th, South Carolina Attorney General, Alan Wilson, filed an Application for an Emergency Stay with the United States Supreme Court.  Wilson asked the Court to grant a stay that “…last[s] while the appellate process is completed in this case at the Court of Appeals and while any Petition for Writ of Certiorari is considered by this Court.  Time is of the essence….”  Wilson was defending Article XVII, Section 15, of the South Carolina Constitution which recognizes a marriage “…between one man and one woman…” as the “,,,only lawful domestic union which shall be valid or recognized in this State.”

Because Judge Michelle Childs  issued an opinion in Bradacs v. Haley that resolved the same-sex marriage issue, the South Carolina Supreme Court issued an order, lifting its injunction against Judge Irvin Condon on Wednesday, November 19th.  The injunction was issued by the Court on October 9th to prevent Judge Condon from issuing same-sex marriage licenses.

On Thursday, November 20th, the United States Supreme Court denied Wilson’s application, noting that Justice Scalia and Justice Thomas would have granted the stay.

These decisions paved the way for same-sex marriages to begin in South Carolina.    According to Charleston’s Post & Courier, a gay couple picked up the first license for a same-sex marriage on November 20th in Charleston.

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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