Regardless of your feelings about the recent Supreme Court ruling legalizing marriage between same-sex couples, the ruling is sure to impact state laws nationwide. South Carolina’s history of issuing marriage licenses to same-sex couples has been rather tumultuous, with stops and starts precipitated by legal challenges both supporting and fighting same-sex marriage. What will happen in South Carolina? Here are some new issues that have arisen in response to the changes, and how they may affect you as a citizen of South Carolina.
Movement in Legislation and Court Cases
Jump Ahead To
With the new ruling on the books, previously in-progress cases, including a series of court decisions issued in 2014 and appealed, will grind to a halt, according to Melissa Burnette with South Carolina Equality, an organization that supports the legalization of same-sex marriage. This includes the most recent high-profile legislative challenge to same-sex marriage made by South Carolina Attorney General Alan Wilson, which was made in the aftermath of a state vote approving a ban on same-sex marriages. On the other hand, groups not supporting same-sex marriage are already mobilizing to lobby legislators to dispute the ruling and draft law contrary to the Supreme Court’s decision. Some believe that the Court’s ruling overreaches on states’ rights, and are fighting the ruling accordingly. Together, this means citizens of South Carolina should expect the legal system and the political sphere to continue to consider this social issue.
Development of New Legal Issues
With any change in law come issues of first impression for courts. Now that South Carolina will, at the very least, continue to issue marriage licenses for same-sex couples for the foreseeable future, issues of first impression for courts are bound to arise. This may include issues like hospital visitation and matters of power of attorney, issues of child custody in cases of divorce or separation, questions of child support in cases of non-biological parents, and other matters. Federal matters too, like tax issues , may appear and endure a path through the courts involving changing regulations and provision for years to come. Expect changes in legislation to address these matters, which may affect your negotiation of similar issues whether you are involved in a same-sex couple or not.
I Have Questions. Is There Anything I Can Do?
Absolutely. Changes in the recognition of same-sex marriages are poised to affect issues of marriage, union, separation, and divorce. These types of issues are typically handled by experienced family attorneys who can help those involved avoid the stress and possible errors inherent in attempting to navigate them alone. If you believe that your path may lead to marriage, separation, or divorce in the near future, consider taking steps to ensure that your family law issues are settled appropriately and your best interests are represented. If you have questions about how the ruling could affect your family law issues in your future, contact Lauren Taylor Law for a confidential consultation today at 843-790-9009.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.