John M. Becker

BREAKING: South Carolina Marriage Ban Struck Down

Filed By John M. Becker | November 12, 2014 10:15 AM | comments

Filed in: Marriage Equality, Politics
Tags: gay marriage, marriage equality, same-sex marriage, South Carolina

south-carolina.pngA federal judge has just struck down South Carolina's 2006 marriage discrimination amendment, the Washington Blade reports:

In a 26-page decision issued on Wednesday, U.S. District Judge Richard Mark Gergel, an Obama appointee, determines the South Carolina's ban on gay nuptials violates same-sex couples' rights to equal protection and due process under the Fourteenth Amendment of the U.S. Constitution.

Gergel bases his decision on an earlier ruling from the U.S. Fourth Circuit Court of Appeals against the marriage ban in Virginia, which lies in the same judicial circuit as South Carolina.

"While a party is certainly free to argue against precedent, even very recent precedent, the Fourth Circuit has exhaustively addressed the issues raised by Defendants and firmly and unambiguously recognized a fundamental right of same sex couples to marry and the power of the federal courts to address and vindicate that right," Gergel writes.

Judge Gergel's decision is stayed until noon on Thursday, November 20.

Read the decision after the break, via Equality Case Files.

2:14-cv-04010 #37 South Carolina Order by Equality Case Files

Image via Freedom to Marry.

Leave a comment

We want to know your opinion on this issue! While arguing about an opinion or idea is encouraged, personal attacks will not be tolerated. Please be respectful of others.

The editorial team will delete a comment that is off-topic, abusive, exceptionally incoherent, includes a slur or is soliciting and/or advertising. Repeated violations of the policy will result in revocation of your user account. Please keep in mind that this is our online home; ill-mannered house guests will be shown the door.