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Justices must act fast if gay marriage to be settled in June
WASHINGTON (AP) — Time is running short for the Supreme Court to get same-sex marriage on its calendar if the justices want to tackle the issue before their current term ends in late June. They might have to decide to jump in at their closed-door conference Friday if they want to resolve the legal debate […]
Questions for the new same-sex marriage reality
It will take years to unravel legal questions facing the judicial system in the wake of this fall’s rulings that made same-sex marriage legal in both North Carolina and South Carolina. At a recent forum on the topic in Charlotte, one family court judge predicted that there would be some “fumbling about” as new circumstances […]
Constitutional — Due Process & Equal Protection – Eleventh Amendment Immunity – Civil Practice – Judgment on the Pleadings – Standing
Bradacs v. Haley (Lawyers Weekly No. 002-229-14, 21 pp.) (J. Michelle Childs, J.) 3:13-cv-02351; D.S.C. Holding: Where the governor has only general enforcement authority under the South Carolina Constitution, she has Eleventh Amendment immunity against plaintiffs’ claims that South Carolina’s ban on gay marriage violates the United States Constitution. The court grants the governor’s motion[...]
Constitutional — Due Process & Equal Protection – Gay Marriage – Full Faith & Credit – DOMA
Bradacs v. Haley (Lawyers Weekly No. 002-233-04, 25 pp.) (J. Michelle Childs, J.) 3:13-cv-02351; D.S.C. Holding: Plaintiffs’ Full Faith and Credit Clause claim fails because of a still-standing provision of the Defense of Marriage Act; however, plaintiffs have shown that their due process and equal protection rights are violated by South Carolina’s ban on gay […]
US Supreme Court refuses to block SC gay marriages
CHARLESTON, S.C. (AP) The U.S. Supreme Court on Thursday refused to block gay marriages in South Carolina but Attorney General Alan Wilson said the issue is still not settled. The court denied Wilson’s request to prevent the marriages while he appeals last week’s decision by a federal judge tossing out the state constitutional ban on […]
Couple asks that gay marriages proceed in SC
CHARLESTON (AP) — Gay marriages should be allowed to proceed in South Carolina because the state is unlikely to win its appeal to block them and has not shown it would suffer harm if such marriages take place, attorneys for a same-sex couple say. The couple has filed a lawsuit asking that they be allowed […]
SC appeals ruling that tosses out gay marriage ban
COLUMBIA (AP) — South Carolina Attorney General Alan Wilson is formally appealing a judge’s ruling that tossed out the state’s ban on same-sex marriages. Wilson on Thursday filed a notice he would be appealing to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. He has called the ruling no surprise and that he […]
Federal judge strikes down SC gay marriage ban
CHARLESTON (AP) — A federal judge struck down South Carolina’s ban on same-sex marriage on Wednesday, though marriage licenses can’t immediately be handed out. U.S. District Judge Richard Gergel gave state Attorney General Alan Wilson a delay until Nov. 20. A spokesman for Wilson said he’s reviewing the ruling. Last month, Colleen Condon and Nichols […]
SC seeks dismissal of gay marriage challenge
CHARLESTON (AP) — A federal judge should dismiss a challenge to South Carolina’s constitutional ban on gay marriage following last week’s federal appeals court ruling upholding such bans in other states, Attorney General Alan Wilson says in legal arguments filed Monday. “The recent tide of same-sex marriage cases has run squarely into the extremely well- […]
Woman sues to use wife’s name on SC driver license
COLUMBIA, S.C. (AP) — A woman who says South Carolina officials refused to let her use her wife’s family name on her driver’s license has filed a federal lawsuit, another in a string of recent cases challenging the state’s same-sex marriage ban. The lawsuit was filed Friday in federal court in Columbia. Attorneys for Julie […]
Judge may hold hearing over SC same-sex marriage
COLUMBIA (AP) — Attorneys have until next week to file motions in a lawsuit playing a key role in South Carolina’s debate over the issuance of same-sex marriage licenses. U.S. District Judge Michelle Childs on Tuesday gave attorneys until Oct. 23 to file, with another three weeks for responses. Childs said she may hold a […]
Race against the clock for SC gay marriage backers
COLUMBIA — More than a dozen same-sex couples in Charleston County will be watching the clock and the state Supreme Court on Thursday to see if they can legally get married in South Carolina. A judge approved applications for marriage licenses for gay couples Wednesday, but state law requires all couples to wait 24 hours […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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