South Carolina's Same-Sex Wedding Legality Explored

Same-sex marriage has been legal in South Carolina since 2014, when a federal court order took effect on November 20, following a ruling by the Fourth Circuit Court of Appeals that found Virginia's same-sex marriage ban unconstitutional. While South Carolina state law was never formally modified to rescind its provisions prohibiting same-sex marriage, federal law preempts the state law on this matter. As a result, same-sex couples can obtain a marriage license and be wed in South Carolina, although they may face challenges in finding a wedding officiant who is willing to perform the ceremony.

Same-sex marriage has been legal in South Carolina since 2014

In 1996, the South Carolina House of Representatives passed a statute defining marriage as "between one man and one woman". This was signed into law by Governor David Beasley. In 2005, the House of Representatives approved Amendment 1, a constitutional amendment banning same-sex marriage and any "lawful domestic union", which was ratified in 2007.

In 2013, a lawsuit was filed in the U.S. District Court for the District of South Carolina, challenging the state statute and constitutional amendment that denied legal recognition to same-sex marriages established in other jurisdictions. The case was assigned to Judge J. Michelle Childs, who stayed proceedings until the Fourth Circuit Court of Appeals ruled on the Virginia case of Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional. Bostic v. Schaefer was resolved in favour of same-sex marriage in October 2014, with the decision of the U.S. Supreme Court not to hear an appeal in the case, leaving Bostic as binding precedent on federal courts in South Carolina.

On 18 November 2014, Judge Childs issued a permanent injunction against enforcement of the same-sex marriage ban only to the extent that the state refused to recognize "valid marriages of same-sex couples entered into in other states or jurisdictions and otherwise meet the prerequisites for marriage in the State of South Carolina, except that they are of the same sex" or denied equal treatment to the same. On 19 November 2014, Charleston County Probate Judge Irvin Condon began to issue marriage licenses to those who had applied prior to the South Carolina Supreme Court's order to halt the issuance of licenses to same-sex couples. Kayla Bennett and Kristin Anderson held their marriage ceremony outside of the Charleston County Probate Court, marking the state's first licensed same-sex marriage.

Some probate courts began processing marriage license applications for same-sex couples on 19 November 2014, and more on 20 November. Lexington County Probate Judge Daniel Eckstrom initially announced on 20 November that his county would continue to deny marriage licenses to same-sex couples "until this matter is conclusively resolved" or he was ordered to do so. However, the county reversed itself that same day and began to issue marriage licenses.

On 1 December 2014, Attorney General Wilson asked the Fourth Circuit to suspend proceedings in Condon pending U.S. Supreme Court action on writs of certiorari on other same-sex marriage cases from the Sixth Circuit Court of Appeals. On 26 June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a fundamental right to marry under the Due Process and Equal Protection clauses of the Fourteenth Amendment, legalising same-sex marriage nationwide in the United States.

In South Carolina, marriage licenses are issued by each county's probate judge. Due to COVID-19 safety measures, application procedures can vary, and some counties are accepting applications online or via mail. The fee for a marriage license varies from county to county. A South Carolina marriage license is valid only for marriages performed in South Carolina, and the length of validity varies from county to county. Some expire after six months, while others do not expire and are valid for use anytime.

South Carolina law allows both residents and non-residents to marry in the state

South Carolina is a beautiful state to get married in, with its old-world charm and gorgeous views. The state has something for every couple, whether they want to marry on a beach, in a mansion, near a forest, or elsewhere.

Prior to 2014, South Carolina had passed a statute defining marriage as "between one man and one woman," and an amendment banning same-sex marriage and any "lawful domestic union." These provisions were never formally modified, but federal law now preempts state law on this matter.

To get married in South Carolina, couples must obtain a marriage license from the county's probate judge. The requirements for obtaining a marriage license are the same for both residents and non-residents. Both parties must appear together and file a written application, which includes their full name, social security number or alien identification number, age, and place of residence. Applicants must also submit legal proof of identification and their social security number. There is a waiting period after the application is filed before the license is processed, which varies by county.

Couples should contact the office of the county probate judge they will be filing at to confirm the specific requirements and fee, as these can vary. It is important to note that South Carolina does not require any witnesses to be present at the wedding ceremony, but the couple and officiant must be physically present.

The couple must apply for a marriage license, which is issued by each county's probate judge

Same-sex marriage has been legal in South Carolina since 2014. To get married in the state, couples must obtain a marriage license from the probate judge of the county in which they plan to marry. The process for obtaining a marriage license in South Carolina is as follows:

First, the couple must submit a written application to the probate judge. This application requires the full name, social security number or alien identification number, age, and place of residence of each person. Due to COVID-19 safety measures, some counties are accepting applications online or via mail. It is important to contact the county probate court office to confirm their specific requirements.

Once the application has been submitted, there is a waiting period before the license will be processed and the marriage can take place. This waiting period varies from county to county, so it is recommended to contact the applicable county probate judge at least one week before the planned wedding date.

After the waiting period, the couple will need to appear in person at the office of the probate judge to obtain their marriage license. Both members of the couple must present valid photo identification, such as a driver's license, state-issued ID card, passport, or military ID. If either member of the couple is between the ages of 18 and 25, they must also provide proof of age or a social security card. If either member is under the age of 18, parental consent is required, and the parent or legal guardian must be present to sign a consent form.

The fee for a marriage license varies from county to county, and it may be different for residents and non-residents. The marriage license is valid for six months and can be used in any county in South Carolina.

It is important to note that South Carolina does not require blood tests or proof of divorce. However, some counties may require legal proof of divorce, so it is essential to check with the specific county probate judge.

Once the couple has obtained their marriage license, they can proceed with their wedding ceremony. The state of South Carolina has specific requirements for wedding officiants, and it is important to ensure that the chosen officiant is authorized to perform marriages in the state.

The officiant must be a minister of the Gospel, a Jewish rabbi, an officer authorised to administer oaths, or a leader of a recognised Native American Indian tribe

In South Carolina, those who can perform a marriage ceremony include "a minister of the Gospel, a Jewish rabbi, an officer authorised to administer oaths, or a leader of a recognised Native American tribe". This means that the officiant must be a member of the clergy or a religious leader from one of these specific faiths.

A minister of the Gospel refers to a Christian religious leader, such as a pastor, priest, or bishop, who is authorised by their church to perform marriage ceremonies. They must be ordained and in good standing with their denomination to officiate weddings.

A Jewish rabbi is a spiritual leader in the Jewish faith, trained and ordained to conduct religious ceremonies, including weddings. They are recognised by the state of South Carolina as valid officiants for marriage ceremonies.

The state also authorises certain civil servants, specifically those with the power to administer oaths, to perform marriage ceremonies. These individuals are typically government officials, judges, or magistrates, who have the legal authority to preside over civil ceremonies.

Finally, leaders of recognised Native American tribes are also authorised to solemnise marriages in South Carolina. This includes tribal chiefs, medicine men, or other recognised spiritual leaders within their communities who can officiate weddings according to their tribal traditions and customs.

It is important to note that the legal requirements for officiants may vary depending on the county within South Carolina, and couples are advised to verify the specific regulations in their county of residence or where they plan to exchange their vows.

The officiant must be at least 18 years old

In South Carolina, there are several important requirements that officiants must meet before they can perform a wedding ceremony, and one of those criteria pertains to age. Specifically, the law stipulates that the officiant must be at least 18 years of age or older to solemnize a marriage. This requirement holds for all wedding ceremonies, including same-sex marriages, which have been legally recognised in South Carolina since 2014 and are governed by the same marriage laws as opposite-sex marriages.

The age criterion for wedding officiants is a critical component of the wedding ceremony's legality. By setting the minimum age at 18, the state ensures that the officiant is legally recognised as an adult and is therefore considered to have the maturity and capacity to understand the significance and responsibilities associated with solemnizing a marriage. This requirement helps to ensure the seriousness and validity of the marriage ceremony and protects the rights and interests of the couple being married.

It is important to note that this age requirement is a minimum, and there is no maximum age limit for wedding officiants in South Carolina. As long as the officiant is 18 years of age or older, they are eligible to perform the wedding ceremony, regardless of their age beyond that. This means that individuals in their late adulthood or senior years are equally qualified to serve as officiants, as long as they meet the other legal requirements.

While the age of the officiant is a key factor, it is not the only criterion that must be met. Officiants must also be authorised by a religious organisation or denomination to solemnize marriages, or they must be authorised by the state to perform civil marriages. This typically involves obtaining credentials, such as ordination or licensing, from a recognised religious institution or civil authority. These credentials serve as evidence of the officiant's authority to perform the wedding ceremony and are typically required in addition to meeting the minimum age requirement.

In summary, the age of the officiant plays a crucial role in the legality of a wedding ceremony in South Carolina, including same-sex marriages. By mandating that officiants must be at least 18 years old, the state ensures the maturity and capacity of the officiant while protecting the integrity and validity of the marriage. Couples planning their wedding, whether opposite-sex or same-sex, should ensure that their chosen officiant meets this age requirement, in addition to any other necessary credentials, to ensure the legal recognition of their marriage.

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