LGBT rights in South Carolina

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Carolina may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.

In February 2017, South Carolina voters elected their first openly gay lawmaker to the South Carolina House of Representatives. Jason Elliott represents the 22nd District (which includes part of Greenville) and is a member of the Republican Party.

Legality of same-sex sexual activity

South Carolina's sodomy laws, which made "buggery" a felony punishable by five years in prison or a $500 fine, were invalidated by the 2003 U.S. Supreme Court decision in ''Lawrence v. Texas''.

Recognition of same-sex relationships

South Carolina voters adopted a constitutional amendment in November 2006 defining marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name. On November 12, 2014, U.S. District Judge Richard Gergel ruled for the plaintiffs in the case of '' Condon v. Haley'' and stayed his decision to overturn the state's constitutional ban on same-sex marriage until noon on November 20. The Fourth Circuit Court of Appeals denied the state's request for a stay pending appeal or a temporary stay on November 18. Attorney General Alan Wilson asked Chief Justice John Roberts, as Circuit Justice for the Fourth Circuit, for an emergency stay pending appeal later that day. It made an argument other states in similar cases had not made to the Supreme Court, that the principle of federalism known as the "domestic relations exception" –which restricts the role of federal courts in certain areas reserved to the states– requires clarification. Justice Roberts referred the request to the full court, which denied it with Justices Scalia and Thomas dissenting on November 20. The first same-sex marriage took place in South Carolina on November 19, 2014 and marriage licences were accepted the next day as the state began to recognize and perform other same-sex marriages.

Adoption and parenting

South Carolina permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on stepchild adoptions. Children's birth certificates are automatically listed with the names of the parents. Prior to 2017, in order for a birth certificate to be legally changed to include two same-sex individuals as the parents of a child, assuming one of the two individuals is the biological parent, South Carolina's department responsible for birth certificates required one of two legal certifications:

* A certificate of adoption by which the non-biological parent completes a stepchild adoption of the child; or
* An order of a South Carolina Family Court finding that the two individuals are the legal parents of the child and directing the department to list the individuals as the parents on the birth record.

On 15 February 2017, a federal judge ordered the Government of South Carolina to list both same-sex parents on their children's birth certificates. A married same-sex couple filed a lawsuit, alleging a violation of their Due Process and Equal Protection rights under the 14th Amendment as interpreted in ''Obergefell v. Hodges'', after the state refused to list the non-biological mother on their twins' birth certificates. U.S. District Judge Mary Geiger Lewis ruled that "listing a birth mother's spouse as her child’s second parent is one of the terms and conditions of civil marriage in South Carolina." South Carolina's Department of Health and Environmental Control previously insisted that it would only issue birth certificates listing both same-sex spouses as parents if those couples obtained an adoption or court order, something not required of married different-sex couples.

Discrimination protections

No provision of South Carolina's anti-discrimination law explicitly addresses discrimination on the basis of sexual orientation or gender identity. However, in 2020, a federal law was expanded to protect LGBT discrimination in the workplace, which extends to all 50 US states, including South Carolina.

Mount Pleasant, Myrtle Beach, and Richland County prohibit discrimination on the basis of sexual orientation and gender identity in employment. Other cities, including Columbia, Charleston and Latta, prohibit such discrimination but for city employees only. The coastal city of Folly Beach prohibits discrimination based on sexual orientation, but not gender identity.

Domestic violence law

South Carolina is the only state in the United States to not include same-sex couples in domestic violence statutes. The legislation only explicitly includes opposite-sex couples.

Hate crime law

South Carolina does not have a hate crime law. Hate crimes motivated by sexual orientation and/or gender identity, however, are banned federally under the ''Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act''.

Gender identity and expression

Changing one's legal gender on the birth certificate does not require sex reassignment surgery.ID Documents Center: South Carolina
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In April 2016, after North Carolina passed a law restricting transgender people's access to public bathrooms and a similar bill was introduced to the South Carolina Legislature, Governor Nikki Haley said she opposes such a law and views it as "unnecessary".

No promo-homo law

In March 2020, a federal judge declared an archaic 1988 law "banning homosexual or gay topics within school classrooms" unconstitutional. This law is very similar to the UK section 28 law, which has been repealed.

Public opinion

A 2017 Public Religion Research Institute (PRRI) opinion poll found that 53% of South Carolina residents supported same-sex marriage, while 37% opposed it and 10% were unsure. Additionally, 67% supported an anti-discrimination law covering sexual orientation and gender identity. 26% were opposed.

Summary table

See also

* Same-sex marriage in South Carolina
* LGBT rights in the United States
* SC Equality

References

{{LGBT rights in the United States