21 F. Supp. 3d 572
D.S.C.2014Background
- Plaintiffs, a same-sex couple, challenge South Carolina’s ban on same-sex marriage under state statutes and the state constitution.
- Plaintiffs applied for a marriage license in Charleston County; Condon indicated readiness to issue after waiting period.
- Attorney General Wilson filed a state-court action seeking to enjoin issuance of licenses pending federal proceedings.
- South Carolina Supreme Court stayed issuance of licenses to maintain status quo pending federal resolution.
- Court finds Bostic controlling and grants summary judgment and a permanent injunction invalidating the SC bans as applied to Plaintiffs.
- Haley dismissed from case under Eleventh Amendment; Wilson remains as Defendant for injunctive relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs have standing to challenge the ban | Plaintiffs’ license denial shows concrete, imminent injury | Standing lacking due to state-law focus on policy | Plaintiffs have standing to challenge the ban |
| Whether Eleventh Amendment bars claims against Haley | Haley enforces state law affecting Plaintiffs’ rights | Haley has no enforcement actions against Plaintiffs | Haley dismissed; Eleventh Amendment bars claims against Haley |
| Whether Bostic controls the merits and constitutional status of SC ban | Fourth Circuit in Bostic recognizes fundamental right to marry | Bostic misreads Baker and state autonomy | Bostic controls; SC bans unconstitutional as applied |
| Whether the Rooker-Feldman, Younger abstention, or first-to-file doctrines apply | These doctrines do not bar federal review given status quo and relief sought | Defenses rely on abstention and state-court stay | Rooker-Feldman and Younger abstention do not preclude; not applicable; first-to-file not controlling |
| Whether the SC ban violates Due Process/Equal Protection | Windsor/Lawrence/Bostic establish fundamental right to marry | States may regulate domestic relations; no fundamental right recognized | SC ban violated Due Process and Equal Protection; permanent injunction issued |
Key Cases Cited
- Windsor v. United States, 133 S. Ct. 2675 (U.S. 2013) (federal recognition of same-sex marriages violates Due Process)
- Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014) (fundamental right to marry; strict scrutiny invalidates ban)
- Baker v. Nelson, 409 U.S. 810 (1972) (summary dismissal; controlling authority questioned by more recent decisions)
- Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) (recognizes right to same-sex marriage; cert. denied)
- Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014) (same-sex marriage bans unconstitutional; cert. denied)
- Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) (same-sex marriage bans unconstitutional; cert. denied)