LGBT rights in South Carolina
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S.
state of South Carolina face some legal challenges not experienced by non-LGBT
residents. Same-sex sexual activity is legal in South Carolina
. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
decision in Lawrence v. Texas
.
in November 2006 that defined marriage as the union of a man and a women and prohibited the recognition of same-sex relationships under any other name. Similar restrictions appear in the state statutes as well.
survey found that 21% of South Carolina voters thought that same-sex marriage should be legal, while 69% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 48% of South Carolina voters supported the legal recognition of same-sex couples, with 19% supporting same-sex marriage, 29% supporting civil unions but not marriage, 51% favoring no legal recognition and 2% not sure.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of South Carolina face some legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
residents. Same-sex sexual activity is legal in South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
Laws against homosexuality
South Carolina's sodomy laws, which made "buggery" a felony punishable by five years in prison or a $500 fine, were invalidated by the 2003 U.S. Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
.
Recognition of same-sex relationships
South Carolina voters adopted a constitutional amendmentSouth Carolina Amendment 1 (2006)
South Carolina Amendment 1 of 2006 amended the South Carolina Constitution to make it unconstitutional for the U.S. state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of voters...
in November 2006 that defined marriage as the union of a man and a women and prohibited the recognition of same-sex relationships under any other name. Similar restrictions appear in the state statutes as well.
Adoption and parenting
South Carolina permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.Discrimination protection
No provision of South Carolina law explicitly addresses discrimination on the bases of sexual orientation or gender identity.Public opinion
An August 2011 Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that 21% of South Carolina voters thought that same-sex marriage should be legal, while 69% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 48% of South Carolina voters supported the legal recognition of same-sex couples, with 19% supporting same-sex marriage, 29% supporting civil unions but not marriage, 51% favoring no legal recognition and 2% not sure.