The 4th Circuit Court of Appeals has just denied a request by the State of South Carolina to stay a ruling that found its same-sex marriage ban unconstitutional, and a federal judge has struck down the marriage ban, again.
Moments ago the 4th Circuit Court of Appeals denied a request from the State of South Carolina to stay last week’s ruling which struck down its ban on same-sex marriage.
Additionally, a federal judge has also just now struck down South Carolina’s marriage ban in a separate case.
Last week’s case was decided by U.S. District Court Judge Richard Mark Gergel, who stayed his ruling until noon on November 20. The 4th Circuit will not extend the stay for his ruling. The State conceivably could request the U.S. Supreme Court to grant a stay, but it’s unlikely it would for any length of time greater than to review motions.
That means that couples may be able to marry starting Thursday at after noon.
Today’s decision in Bradacs v. Haley, by U.S. District Judge J. Michelle Childs, finds for the plaintiffs and rules that South Carolina’s ban on same-sex marriage denies “legal recognition to the marriages of same-sex couples who were married in other states or jurisdictions violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.”
But it also denies “the Motion for Summary Judgment as to Plaintiffs’ claim asserting that South Carolina’s denial of legal recognition to the marriages of same-sex couples who were married in other states or jurisdictions violates the Full Faith and Credit Clause of the United States Constitution.” In other words, that portion of the case will go to trial.
Complete ruling here, via Equality Case Files.
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This is a breaking news story and details may change. This post will be updated if they do.
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