On August 28, 2013, plaintiffs, a same-sex couple that resided in South Carolina but was legally married in the District of Columbia, filed a lawsuit in the United States District Court for the District of South Carolina, under 42 U.S.C. § 1983, against the Governor and Attorney General of South ...
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On August 28, 2013, plaintiffs, a same-sex couple that resided in South Carolina but was legally married in the District of Columbia, filed a lawsuit in the United States District Court for the District of South Carolina, under 42 U.S.C. § 1983, against the Governor and Attorney General of South Carolina. The plaintiffs, represented by private counsel, asked the court to declare that South Carolina's prohibition of marriage for same-sex couples and its refusal to recognize same-sex marriages from other states violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Plaintiffs further asked the court for attorneys fees and a permanent injunction directing the defendants to recognize the marriages of the plaintiffs and all same-sex couples married in other states.
On April 22, 2014, the Court issued a stay pending the United States Court of Appeals for the Fourth Circuit's decision in Bostic v. Rainey (PB-VA-0005
in this Clearinghouse). On October 7, 2014, the Court lifted the stay (after the Fourth Circuit found Virginia's ban of same-sex marriage unconstitutional in Bostic.)
On November 10, 2014, the Court issued an Order and Opinion on Defendants' motion for Judgment on the Pleadings. The Court found that the plaintiffs stated plausible allegations as to constitutional violations and that the defendant Attorney General Wilson was not shielded by the Eleventh Amendment; however, the Court granted defendant Haley's motion to dismiss on Eleventh Amendment immunity grounds, and dismissed her from the case.
On November 18, 2014, the Court granted in part and denied in part the plaintiffs' motion for summary judgment, granting summary judgment as to the claim that denial of recognition of the marriages of same-sex couples from other states violates the Equal Protection and Due Process Clauses. However, the Court denied the motion as to the claim that the refusal to recognize legal same-sex marriage violates the Full Faith and Credit Clause.
On the same day the Court also denied the defendant's motion to stay pending appeal.
On December 15, 2014, the defendant appealed this case to the United States Court of Appeals for the Fourth Circuit. On January 6, 2015, the Court granted the defendant's motion for stay or continuance of appeal, holding the case in abeyance pending the Supreme Court's decision in DeBoer v. Snyder (PB-MI-0004
in this Clearinghouse).Katrina Fahey - 10/11/2013
Claire Lally - 04/05/2015