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gay marriage

Jan 16, 2015

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 […]

Dec 15, 2014

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 […]

Nov 25, 2014

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[...]

Nov 21, 2014

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 […]

Nov 20, 2014

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 […]

Nov 17, 2014

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 […]

Nov 13, 2014

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 […]

Nov 12, 2014

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 […]

Nov 10, 2014

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- […]

Oct 27, 2014

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 […]

Oct 14, 2014

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 […]

Oct 9, 2014

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 […]

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