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Home / Opinion Digests / Domestic Relations / Domestic Relations – Common-Law Marriage – Same-Sex Couple – Pre-Obergefell Separation (access required)

Domestic Relations – Common-Law Marriage – Same-Sex Couple – Pre-Obergefell Separation (access required)

Obergefell v. Hodges, 576 U.S. 644 (2015), requires that we treat S.C. Code Ann. § 20-1-15, which prohibited same-sex marriage, as though the statute never existed. We vacate our Court of Appeals’ ruling that § 20-1-15 constituted a basis for finding that the parties did not establish a common-law marriage. However, we affirm in result ...

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