Main | Wednesday, November 12, 2014

SOUTH CAROLINA: Marriage Judge May Limit Ruling To Out-Of-State Recognition

Yesterday the federal judge in one of the South Carolina marriage equality cases indicated that she may limit her ruling to the recognition of out-of-state marriages. Via the State:
In her first ruling since lifting a stay on a case challenging South Carolina’s gay marriage ban, U.S. District Judge J. Michelle Childs signaled she will consider only whether the state must recognize marriages performed in other states. But John Nichols, a lawyer for the plaintiffs in that case, said Tuesday the judge would have to consider whether South Carolina’s law is unconstitutional. Childs is presiding over a case in which two women are seeking to have their marriage in Washington, D.C., recognized in South Carolina. Childs also ruled that the case brought by Katherine Bradacs and Tracie Goodwin should go forward against the state attorney general, but dismissed Gov. Nikki Haley as a defendant. Childs didn’t rule on the merits, but instead said she would do that when she considers a motion from Bradacs and Goodwin seeking summary judgment. That is a legal avenue by which a judge rules on an issue without holding a trial.
But we're also waiting to hear about this case:
Also considering the question is U.S. District Judge Richard Mark Gergel of Charleston. He is presiding over a case brought by Colleen Condon and Nichols Bleckley, who were allowed to apply for a marriage license by a probate judge but the judge was stopped from issuing it by the South Carolina Supreme Court. “We’re glad we were able to get this on file quickly,” said Elizabeth Littrell, an attorney with Lambda Legal and one of the lawyers on the Condon case. She said they were concerned Child ruling might apply only to couples legally married elsewhere. All the paperwork in Condon’s request for a preliminary injunction is on file, meaning Gergel could rule at any time. Also pending before Gergel is a motion for summary judgment. The next deadline for the plaintiff to file on that motion is in 10 days.
On Monday state Attorney General Alan Wilson filed a motion seeking the dismissal of the Condon case because of ruling in the Sixth Circuit.

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