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South Carolina ▼
Does the state allow same-sex couples to marry?
Does the state recognize marriages, civil unions or domestic partnerships of same-sex couples from other jurisdictions?
Does the state offer any other type of relationship recognition for same-sex couples?
The state constitution prohibits marriage between same-sex couples: “A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.” (S.C. Const. Ann. Art. XVII, §15)
State statute prohibits marriage between same-sex couples. See S.C. Code Ann. § 20-1-15 ("A marriage between persons of the same sex is void ab initio and against the public policy of this State."); S.C. Code Ann. § 20-1-10
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Who may adopt?
Any person. SC Laws § 20-7-1680.
May be granted in some jurisdictions. No appellate decisions. Results likely vary by county and by judge. Anyone considering petitioning for a second parent adoption should contact, or have their counsel contact, Lambda Legal.
Conservative legal climate but some favorable appellate decisions on child custody or visitation.
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