ISSUES  > Family and Marriage
 
South Carolina  

State Information

Government Website: http://www.scstatehouse.net/index.html

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1996 - State Law Passed  2006 - Constitutional Amendment 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes  yes 
State Law Defines Marriage between a Man and a Woman no  no 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States no  no 
State Law States that Same Sex Marriage is not Aligned with State Public Policy yes  yes 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

South Carolina Code of Laws.  Tit. 20, Chap. 1, §15. Prohibition of same sex marriage.

A marriage between persons of the same sex is void ab initio and against the public policy of this State.

Constitutional Provision

South Carolina Const.  Art. XVII, §15.

A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

U.S. Senators
US Senators and their Comments on FMA

Lindsey Graham, Republican
http://lgraham.senate.gov/
This senator voted for the federal DOMA in 1996 and for the Marriage Protection Amendment in 2004 and 2006.

Jim DeMint, Republican
http://demint.senate.gov/
This senator was elected in 2004, therefore not present for the federal DOMA in 1996 or the Marriage Protection Amendment in 2004. The senator voted for the MPA in 2006.

State Public Policy Organizations Working on Marriage Issues

Palmetto Family Council



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