South Carolina likely to be compelled to allow same sex marriage

Posted Monday, October 6th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific, United States Supreme Court Decisions

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia.

This means it is likely inevitable that all states in the Fourth Circuit will soon be compelled to allow same sex marriage. The five states comprising the Fourth Circuit are Maryland, Virginia, West Virginia, North Carolina and South Carolina. Maryland already allows same sex marriage and the Supreme Court’s refusal to grant review to the Fourth Circuit opinion means that Virginia is now required to allow them.

As South Carolina is part of this judicial circuit, and there is controlling authority within the circuit finding same sex marriage bans are unconstitutional, it is only a matter of time–possibly even days–before South Carolina’s ban is found unconstitutional. The same is also true in North Carolina and West Virginia.

9 thoughts on South Carolina likely to be compelled to allow same sex marriage

  1. MJ Goodwin says:

    This is good for business. There will be a rush of ill advised marriages that will need divorcing soon.

    1. One of the lead-plaintiff couples in the Massachusetts case that authorized same-sex marriage in United States for the first time are already divorced.

    2. Stephanie says:

      Well, Atty Goodwin, nice to know where you stand on the subject of human rights. It’s so nice when you put it out there so publicly for all to see.

      1. A number of attorneys who support same sex marriage note that it would be good for business (I even own a t-shirt that reads “Divorce Laywers for Gay Marriage” with a rainbow dollar sign in the middle).

        However, I don’t know a single attorney who supports it for that reason. MJ, like myself, supports gay marriage for the same reason we do family law: we want folks to have the ability to get out of or fix unhappy domestic situations so they can pursue happier ones.

        1. Stephanie says:

          Based on your previous comment, that doesn’t seem to be what you were saying. Gleefully wishing the end of any marriage to elicit a profit is sad. Pointedly hoping gay marriages fail is really just disappointing.

        2. Eric says:

          Where did you get the T-shirt?

  2. California observer says:

    Yee-hah! It will be a bright day when people’s interpersonal relationships don’t thrive or crumble depending on arbitary borders, like mere tax obligations.

    I’m guessing it will prove true that human relationships, regardless of gender or identification, will all follow the same broad psychlogical dynamics of success and failure, so that even ill-advised couplings might still be well-maintained and even happy. I hope so.

  3. Lori Stoney says:

    I am surely hopeful that we won’t be the last in line to do the right thing, but not necessarily optimistic. My first job out of law school in 1992 involved (continuing) to fight the admission of women to the Citadel,
    despite the 4th Circuit decision against VMI on the same issue! Very interesting experience being sent to educate
    2000 cadets about sexual harassment as a 25 year old female baby lawyer. I guess we will see how much progress has been made in 20 years! Love is love. I hope people will learn to embrace this reality and that it will be as much a given in our community as children of different races attending the same schools. Just can’t believe all the hate that still exists out there.

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