The Impact (If Any) of Windsor and Perry on South Carolina’s Definition of Marriage

Article XVII, Section 15 of the South Carolina Constitution states, in pertinent part:  “A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State.”  Early this week the United States Supreme Court decided two cases concerning the legality of restricting same-sex marriage: Hollingsworth v. Perry and United States v. Windsor.  In Perry, the Court dismissed the case for lack of standing, therefore the case does not affect Article XVII, Section 15 of the South Carolina Constitution.  Continue reading

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SCOTUS Reverses South Carolina Supreme Court in Adoptive Couple v. Baby Girl

In Adoptive Couple v. Baby Girl, the Supreme Court of the United States (SCOTUS) held that the South Carolina Supreme Court erred in all three central holdings of its 2012 decision.

In this case, Birth Father refused to help Birth Mother with Baby Girl unless Birth Mother was willing to marry him.  Birth Mother refused, and Birth Father relinquished his parental rights via text message.  Birth Mother then decided to put Baby Girl up for adoption.  Adoptive Couple agreed to adopt Baby Girl and attended the birth.  Four months after Baby Girl was born, Adoptive Couple served Birth Father with a notice of adoption in South Carolina. Up until this point, Birth Father demonstrated no relationship with and showed no interest in Baby Girl. Continue reading

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