📅 2026 Update: Changes in Same-Sex Marriage Laws in South Carolina

Since the original article was published, there have been important developments regarding same-sex marriage laws in the U.S., including South Carolina. These changes reflect shifts in public opinion and legal challenges, impacting the landscape of marriage rights for same-sex couples. The earlier article continues further down the page, providing foundational information on marriage laws.

🌍 Public Opinion Trends

In 2025, a survey by The Economist/YouGov showed a decline in support for same-sex marriage. Only 54% of respondents were in favor, down from previous years. This shift may influence future legislation and social attitudes around marriage equality.

⚖️ Legal Challenges

In 2024, the Second Circuit Court of Appeals upheld the dismissal of a lawsuit involving Emilee Carpenter, a photographer who would not provide services for same-sex weddings. This case challenged New York's public accommodations laws, highlighting ongoing legal disputes related to same-sex marriage.

📜 Federal Recognition

The Respect for Marriage Act, signed into law in December 2022, mandates that the federal government recognize any marriage valid in the jurisdiction where it was performed. This law strengthens the protections for same-sex marriages across the country.

👩‍❤️‍👩 Demographic Changes

As of June 2025, there were about 823,000 married same-sex couples in the U.S. This number is more than double what it was before the Obergefell v. Hodges decision, illustrating the growth of same-sex marriage in the country.

📍 International Recognition

The European Court of Justice ruled that same-sex marriages legally contracted in one EU member state must be recognized by other member states. This decision ensures free movement rights for same-sex couples across Europe.

📌 Key Points Summary

  • 🌍 Public support for same-sex marriage dropped to 54% in 2025.
  • ⚖️ A 2024 legal challenge upheld refusal of service for same-sex weddings.
  • 📜 The Respect for Marriage Act requires federal recognition of valid marriages.
  • 👩‍❤️‍👩 There are 823,000 married same-sex couples as of June 2025.
  • 🌐 Same-sex marriages in the EU are recognized across member states.

💡 Tips for Navigating Same-Sex Marriage Laws

Consider discussing your specific situation with your attorney to ensure you understand your rights and options fully.

📝 Understand the Application Process

Couples must complete a marriage license application, provide valid identification, and pay the required fee. Make sure to check your state’s specific requirements.

⏳ Be Aware of Waiting Periods

Some states impose waiting periods between applying for a marriage license and receiving it. For example, California has a 3-day waiting period before the license is issued.

👩‍⚖️ Know Officiant Requirements

The marriage ceremony must be conducted by an authorized officiant. This can include judges, religious leaders, or individuals deputized to perform weddings.

👥 Check Residency Rules

Certain states require at least one party to be a resident to apply for a marriage license. Research your state’s residency requirements to avoid complications.

📅 Keep License Validity in Mind

Marriage licenses usually have a validity period. For instance, in California, the license is valid for 90 days. Ensure you plan your wedding within this timeframe.

📞 Seek Free Resources

Nonprofit organizations like Lambda Legal offer assistance to same-sex couples navigating marriage laws. Explore these resources for guidance without cost.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources that can help.

🥇 1. Lambda Legal

Lambda Legal provides legal assistance and advocacy for same-sex couples. They focus on protecting the rights of LGBTQ+ individuals and offer resources for navigating marriage laws.

🥈 2. State Government Websites

Many state government websites provide guides and resources for same-sex couples seeking marriage licenses. These sites often include application forms, eligibility criteria, and local requirements.

🥉 3. Local Legal Aid Organizations

Various local legal aid organizations offer free resources and support for same-sex couples. They can help with understanding marriage laws and completing necessary legal documents.

4️⃣ LGBTQ+ Community Centers

Many LGBTQ+ community centers offer support and information regarding marriage laws. These centers can connect couples with resources and legal assistance tailored to their needs.

5️⃣ State Bar Associations

State bar associations often have resources and referral services for individuals seeking legal help. They can provide information about local attorneys and legal aid options for marriage-related issues.

🔎 What to Check Before Paying for Help

  • 📋 Verify the credentials of any service provider.
  • 💰 Consider if there are free resources available.
  • 📞 Ask about hidden fees before committing.
  • 🔍 Research reviews and testimonials from other users.
  • 🗓️ Ensure the service is current and relevant to your situation.

❓ Frequently Asked Questions

❓ What are the eligibility requirements for marriage in South Carolina?

Most individuals must be at least 18 years old to marry without consent in South Carolina. Residency requirements may also apply.

💍 How do I apply for a marriage license in South Carolina?

Couples must complete a marriage license application and provide valid identification. Fees may vary by county.

⏳ What is the waiting period for a marriage license?

Some states, including California, have waiting periods. In South Carolina, couples can typically receive their license on the same day they apply.

👩‍⚖️ Who can officiate a same-sex wedding?

Authorized officiants can include judges, religious leaders, or anyone legally deputized to perform weddings in South Carolina.

📅 How long is a marriage license valid once issued?

In South Carolina, marriage licenses are generally valid for 60 days from the date of issue. Couples should plan their ceremonies accordingly.

🌍 Are same-sex marriages recognized in all states?

Yes, same-sex marriage is legal nationwide, but some states may have additional requirements or procedures for same-sex couples.

⚖️ Recent Cases Relevant to Same-Sex Marriage

Recent court rulings reflect ongoing legal discussions surrounding same-sex marriage and related rights. These cases may influence future legislation and public policy.

Explore more recent rulings in the news section for updates on legal developments related to marriage laws. more rulings on the news page.

End of October 2026 Update





Like
most other states, South Carolina adopted DOMA. The Defense of Marriage Act was
enacted by many states to clearly define marriage as to prohibit legalizing gay
marriages. In South Carolina, gay marriage is legally forbidden. In addition,
South Carolina approved a constitutional amendment that explicitly forbids same
sex marriages and civil unions, in addition to the enactment of DOMA. In fact,
seventy eight percent of voters supported the measure.  In South Carolina,
gay marriage, domestic partnerships and civil unions are banned outright.





In South Carolina, gay marriages and other same sex relationships are forbidden
from being legally recognized by Article XVII. In other words, no same sex
relationship shall be recognized by the state, no matter what it is called, and
no matter if it is recognized by another state. In fact, Title 20 states that a
marriage between same sex couples is forbidden and against the public policies
of the state of South Carolina. Marriages are forbidden in several
circumstances, such as between relatives and in the case of a same sex couples. 


In fact, Title 20 explains in detail, which marriages are forbidden by the
state of South Carolina. Marriages are not allowed between specific
individuals, such as a woman and her father, son, grandson etc., and another
woman. Likewise, a man may not marry his mother, stepmother, sister or another
man. This Title equates same sex marriage with an individual marrying a
relative.


Gay Marriage Laws in South Carolina

However, South Carolina's gay population appears to be in consideration by some
state senators. In fact, The Civil Union Equality Act was introduced to the
state Senate in 2009.  The bill was meant to establish the legality of
civil unions for same sex couples in South Carolina. Marriages would still be
explicitly forbidden for same sex couples but same sex unions would be legally
recognized in South Carolina. Gay couples would be afforded all rights and
responsibilities usually afforded to married couples in South Carolina. 


Marriage provides certain rights such as, the right to share health insurance,
the right to assign a a partner as a health care proxy and the right to own
property jointly. If the bill were to become law, it would be active
immediately upon the signature of the governor of South Carolina. Marriage's definition
would remain unchanged as the bill would only legally allow for civil unions
for same sex couples. The bill has not moved and currently awaits review and
the voting procedure of the state.