Main | Wednesday, October 08, 2014

SOUTH CAROLINA: Court Bucks Ban, Issues Marriage License To Gay Couple
UPDATE: More Counties Join In

Via the Associated Press:
A South Carolina court has issued a marriage license to a same-sex couple despite the state's constitutional ban against the practice and the attorney general's pledge to defend it. Charleston County Probate Judge Irvin Condon issued the license Wednesday morning to two women: Charleston County Councilwoman Colleen Condon and Nichols Bleckley. Earlier this week, the U.S. Supreme Court decided not to hear an appeal of a ruling allowing same-sex marriage by a federal appeals court with jurisdiction over South Carolina. In a statement, Condon said that as a result, his court is required to accept and issue marriage licenses. State Attorney General Alan Wilson had vowed to keep fighting a case in which a same-sex couple married elsewhere had asked South Carolina to recognize their union. On Monday morning, a Wilson spokesman said the attorney general was reviewing the matter.
UPDATE: Talking Points Memo clarifies the above report.
Meanwhile, some confusion over what exactly has happened in South Carolina. A state judge has apparently begun accepting applications for same sex-marriage licenses in defiance of that state's ban, but contrary to some reports has not actually issued any licenses yet. The clerk in South Carolina tells TPM there is a mandatory 24-hour waiting period for all marriage licenses. The presumption is licenses will issue once the 24 hours expires, unless further legal maneuvering puts a halt to it.
UPDATE II: More counties are joining in.
Richland and Charleston counties are accepting marriage license applications from same-sex couples starting Wednesday despite the state's constitutional ban against the practice and the attorney general's pledge to defend it. Richland County Probate Judge Amy McCulloch said she accepted applications for the first time because, “I believe it’s time for this to change. It’s a fundamental right to be with who you want to be with,” McCulloch said. McCulloch said she changed categories on the county’s marriage license paper application from “bride” and “groom” to “Applicant 1” and “Applicant 2.” Like Charleston County Probate Judge Irvin Condon, McCulloch said she is waiting to see how the S.C. Attorney General’s office or S.C. Supreme Court reacts to taking marriage-license applications from same-sex couples. The S.C. Attorney General's office had no comment, a spokesman said.
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