University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bradacs v. Haley PB-SC-0003
Docket / Court 3:13-cv-2351 ( D.S.C. )
State/Territory South Carolina
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
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 ... read more >
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


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Federalism
Full faith and credit
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Attorney General of South Carolina
Governor of South Carolina
Plaintiff Description Same-sex couple legally married in D.C., who are residents of South Carolina.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
3:13-cv-02351-JFA (D.S.C.) 12/17/2014
PB-SC-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/28/2013
PB-SC-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Verified Amended Complaint for Declaratory, Injunctive, and Other Relief 02/21/2014
PB-SC-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion 11/10/2014 (2014 WL 5840153) (D.S.C.)
PB-SC-0003-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Anderson, Joseph Fletcher Jr. (D.S.C.)
PB-SC-0003-9000
Childs, Julianna Michelle (D.S.C.)
PB-SC-0003-0002
Monitors/Masters None on record
Plaintiff's Lawyers Morgan, Laura W. (Virginia)
PB-SC-0003-0003
Nichols, John Shannon (South Carolina)
PB-SC-0003-0001 | PB-SC-0003-0003 | PB-SC-0003-9000
Warner, Carrie A (South Carolina)
PB-SC-0003-0001 | PB-SC-0003-0003 | PB-SC-0003-9000
Defendant's Lawyers Cook, Robert Dewayne (South Carolina)
PB-SC-0003-9000
Smith, James Emory Jr. (South Carolina)
PB-SC-0003-9000
Wilson, Alan (South Carolina)
PB-SC-0003-9000
Other Lawyers None on record

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