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Re: “Same-sex marriage is just the beginning

"But the S.C. Supreme Court has made its decision, and that decision will stand unless the U.S. Supreme Court says otherwise - which it won't."

This gets the legal facts wrong. The S.C. Supreme Court did not legalize same-sex marriage in this state. The decision came from a federal appeals court, the 4th Circuit, which struck down Virginia's same-sex marriage ban.

In fact, the S.C. Supreme Court temporarily halted the issuing of marriage licenses by county officials who (quite properly) concluded that the 4th Circuit's ruling applied to other same-sex marriage bans within the circuit, including South Carolina's. That forced couples to go to federal district court to overturn our state's ban. The district court agreed, and when the 4th Circuit and the U.S. Supreme Court refused to overturn the district court's judgment, same-sex marriage became legal in South Carolina.

This all matters because the article concludes that our state is taking the first steps toward equality. In fact, the state has taken no such steps. Local plaintiffs and local officials have taken steps, and federal courts have acted. State officials, by contrast, have resisted at every level. Happily, they have lost.

8 of 12 people like this.
Posted by LarryK on November 28, 2014 at 9:45 PM
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