Same-sex marriage is fully legal in South Carolina, giving LGBTQ couples the same rights and protections as heterosexual couples. Over the past decade, changes in federal and state law have removed previous barriers, ensuring that same-sex couples can marry, access spousal benefits, and make legal decisions for one another.
Although some outdated state laws technically remain on the books, they are unenforceable. Federal court rulings in 2014 and the U.S. Supreme Court’s decision in 2015 guarantee marriage equality across the state.
For couples in Surfside Beach, Horry County, and surrounding areas, knowing your rights is important for planning, protecting your family, and securing legal benefits. At Indigo Family Law, our family lawyers can explain the process, ensure your marriage is recognized, and guide you through any questions about property, parental rights, or other legal matters related to marriage.
Is Same-sex Marriage Legal in South Carolina Right Now?
Same-sex marriage is legal in South Carolina, though it wasn’t always the case. Changes in federal and state law over the past decade have ensured marriage equality for LGBTQ couples.
2014 Ruling Against South Carolina’s Constitutional Amendment Banning Same-Sex Marriage
The most significant shift came in 2014 when a federal court struck down the state’s ban. Since that decision, same-sex couples have been able to marry and access the same legal protections and benefits as opposite-sex couples.
Before this change, South Carolina’s same-sex marriage laws prohibited marriage between people of the same gender, leaving couples without legal recognition or the rights that come with marriage. After the ruling, LGBTQ marriage rights in South Carolina expanded to include marriage licenses, spousal benefits, and the ability to make important medical, financial, and legal decisions for one another.
Today, same-sex couples in South Carolina can marry, adopt children, file taxes jointly, and enjoy all the legal responsibilities and benefits of marriage. While legal recognition is now established, couples may need to update estate planning, healthcare directives, or other legal documents to reflect their marital status.
How South Carolina Got to Marriage Equality
South Carolina’s path to legal same-sex marriage involved both state laws and federal court rulings, with key changes occurring between 2014 and 2015.
Previous Bans on Same-Sex Marriage
For decades, South Carolina had bans in place that defined marriage strictly as a union between one man and one woman. These state laws prevented same-sex couples from marrying and denied them access to the legal protections available to heterosexual couples.
The turning point began in 2014 when a federal district court ruled that South Carolina’s ban on same-sex marriage violated the U.S. Constitution. This decision meant the state could no longer legally refuse marriage licenses to same-sex couples.
However, enforcement was temporarily blocked by appeals, which created uncertainty for couples who wanted to marry.
Changing Tides During the 2010s
By late 2014 and early 2015, federal courts across the country continued striking down state bans, reinforcing the principle that marriage equality is a constitutional right.
These rulings included the Fourth Circuit Court of Appeals, which covers South Carolina. Its decision confirmed that states in its jurisdiction could not discriminate against same-sex couples seeking to marry.
Obergefell v. Hodges: Marriage Equality in the United States
The situation shifted definitively in June 2015 with the U.S. Supreme Court’s decision in Obergefell v. Hodges, which established a nationwide right to marry for same-sex couples. This ruling made all state bans, including South Carolina’s, unenforceable and guaranteed marriage equality across the country.
These federal rulings effectively invalidated South Carolina’s same-sex marriage laws and paved the way for couples to access marriage licenses, protections, and benefits previously denied. The state moved from having strict prohibitions to fully recognizing LGBTQ marriage rights in South Carolina, ensuring legal equality and clarity for all couples.
Does South Carolina Recognize Same-Sex Marriages from Other States?
Yes, South Carolina recognizes same-sex marriages performed in other states. Once a same-sex couple is legally married elsewhere, the state treats that marriage the same as one performed within South Carolina.
This recognition applies to all legal rights, responsibilities, and protections of marriage, including property rights, healthcare decisions, tax filings, and parental rights.
How This Differs from South Carolina in the Past
Before federal court rulings in 2014 and the Supreme Court’s decision in 2015, South Carolina would not have recognized marriages between same-sex couples, even if performed in another state. Couples faced uncertainty and were often denied spousal benefits, adoption rights, or other legal protections. Today, those restrictions no longer apply.
Recognizing out-of-state marriages also means that same-sex couples moving to South Carolina do not have to remarry to gain full legal status. The state respects the marriage’s validity from the date it was performed, ensuring continuity for healthcare, financial, and family planning purposes.
It’s important for couples to update their records to reflect their marital status. This may include changing tax filings, updating insurance policies, revising beneficiary designations, and ensuring estate planning documents accurately list both spouses.
Greater Equality and Stability in the Palmetto State
South Carolina’s recognition of these marriages is part of the broader LGBTQ marriage rights that South Carolina residents now enjoy.
By honoring legally performed marriages from other states, the state provides the same protections and responsibilities to all married couples, ensuring equality and stability for families regardless of where the marriage was originally performed.
How to Get a Marriage License in South Carolina
Getting a marriage license in South Carolina is a straightforward process, and the steps are the same for same-sex and opposite-sex couples. If you live in or near Surfside Beach, following the proper steps ensures your marriage is legally recognized.
- Step 1: Determine where to apply. You may apply at the probate court in any South Carolina county. However, the ceremony must occur within the state.
- Step 2: Gather required documents. You’ll need valid photo identification, such as a driver’s license or passport. You also need your Social Security number and proof of any prior marriages, including divorce decrees or death certificates, if applicable.
- Step 3: Meet age and consent requirements. You must be at least 18 years old to marry without parental consent. However, individuals aged 16 or 17 can currently marry with the consent of their parent or guardian.
- Step 4: Pay the required fee.
- Step 5: Wait for the license to become valid.
Following these steps ensures your marriage is legally recognized under South Carolina law, granting you all the rights, responsibilities, and protections of married life. Same-sex couples have the same access to marriage licenses as any other couple.
What Rights and Benefits Come with Marriage in South Carolina
Marriage in South Carolina comes with a range of legal rights and benefits that affect finances, property, healthcare, and family life. Whether you’re a same-sex or heterosexual couple, these protections apply equally.
- Name Changes: After marriage, either spouse can choose to change their last name. This process is recognized by the state and can be updated on driver’s licenses, Social Security records, and other legal documents.
- Taxes: Married couples can file federal and state income taxes jointly or separately. Filing jointly often provides tax benefits, such as higher deductions and credits, while also making it easier to manage household finances and track income.
- Property and Assets: Marriage affects property ownership and inheritance rights. In South Carolina, property acquired during the marriage is generally considered marital property, which can influence division if the marriage ends. Spouses also have rights to inheritance if one partner dies without a will, ensuring legal protections for both parties.
- Parental Rights: Marriage provides legal recognition of both spouses as parents in many circumstances. Children born or adopted during a marriage are automatically recognized as the legal children of both parents. Married couples also have shared decision-making authority over education, healthcare, and other important aspects of a child’s life.
- Other Benefits: Marriage also grants access to spousal benefits like health insurance coverage, Social Security benefits, retirement accounts, and hospital visitation rights.
Common Marriage Misunderstandings in South Carolina
Even though same-sex marriage is legal in South Carolina, there are still some common misunderstandings about marriage laws that can create confusion. Clearing these up helps couples understand their rights and responsibilities.
- Common Law Marriage: Some people believe South Carolina recognizes common law marriages, where a couple is considered legally married without a formal ceremony or license. In reality, South Carolina does not allow new common law marriages. South Carolina actually stopped recognizing new common law marriages effective July 24, 2019, under Stone v. Thompson. Common-law marriages entered into before that date are still recognized.
- “Still on the Books” Bans: Another common misconception is that old state laws banning same-sex marriage are still enforceable. While statutes prohibiting same-sex marriage technically exist in South Carolina’s code, they were invalidated by federal court rulings in 2014 and the U.S. Supreme Court’s decision in 2015. This means these bans cannot be applied to prevent same-sex couples from marrying or exercising the rights of marriage.
Some people worry that these outdated laws could affect benefits, property rights, or parental recognition. In practice, they do not. Couples have the same legal protections as opposite-sex spouses, including rights related to taxes, property, healthcare, and parenting.
South Carolina’s marriage laws now provide full equality, and common misconceptions should not prevent couples from exercising their rights or planning for their families.
When to Talk With Our Experienced South Carolina Family Lawyers
Handling family law matters in South Carolina can be complicated, especially when it involves adoption, custody, or protective planning. Whether you live in Surfside Beach, Horry County, or nearby areas, knowing when to seek experienced guidance can save time and reduce stress for you and your family.
- Adoption and Second-Parent Adoption: If you are planning to adopt a child, or you’re a same-sex parent seeking second-parent adoption, it’s important to understand the legal steps and documentation required. However, where one spouse is not the biological parent, second-parent adoption remains one of the most reliable ways to secure full legal parental rights.
- Divorce and Custody Matters: Divorce often involves challenging decisions about property division, support, and parenting plans. If child custody or parental visitation is part of the case, professional guidance helps you protect your rights and prioritize the child’s best interests. Legal knowledge can also help resolve disputes, minimize delays, and ensure court procedures are properly followed.
- Protective Planning: Certain situations may require protective planning, such as establishing guardianship, managing parental rights, or creating agreements to protect children in emergency circumstances.
Our experienced team at Indigo Family Law can provide clarity and confidence. We will explain your options, prepare the necessary documents, and represent your interests in court if needed.
Frequently Asked Questions About Same-sex Marriage in South Carolina
Is same-sex marriage legal in South Carolina even if old state laws still say it isn’t?
Yes. Although some outdated state laws technically still prohibit same-sex marriage, they are unenforceable. Federal court rulings in 2014 and the U.S. Supreme Court’s decision in 2015 guarantee marriage equality. Same-sex couples have the same legal rights and protections as opposite-sex couples, including access to marriage licenses, spousal benefits, and parental rights.
Do we need witnesses for a South Carolina marriage license?
No. South Carolina does not require witnesses when applying for or using a marriage license. The couple must apply in person at the probate court, meet identification and age requirements, and pay the required fee.
Does a South Carolina marriage license expire after you get it?
There is a 24-hour waiting period between the time of application filing and issuance of the marriage license. In many South Carolina counties, a marriage license is valid for a period of six months starting on the date of issuance.
Can non-residents get married in South Carolina?
Yes. South Carolina allows non-residents to obtain a marriage license in any county. The same rules, fees, and waiting periods apply, making it a popular option for couples from other states who want to marry in South Carolina.
Talk with Our Experienced Family Law Attorneys in South Carolina
At Indigo Family Law, we can handle all of your family law concerns, answer your questions, and guide you throughout the process. For a consultation with our knowledgeable family law attorneys in South Carolina, contact our law firm online today.