Judge strikes down South Carolina gay marriage ban, but issues one-week stay

A federal district judge in South Carolina has struck down that state’s constitutional amendment banning same-gender marriage.

The decision from U.S. District Court Judge Richard M. Gergel was issued Wednesday morning, though it comes with a one-week stay until Nov. 20 at noon.

The stay, Gergel said, will allow South Carolina Attorney General Alan Wilson time to file an appeal, as well as giving time for the U.S. Supreme Court to settle final matters in similar suits brought in the 6th Circuit Court of Appeals, which ruled last week against LGBT marriage equality.

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The case decided by Gergel was brought by Charleston County Councilwoman Colleen Condon, who with her partner filed for a marriage license on Oct. 8, two days after the Supreme Court declined to hear appeals from several circuits, including the Fourth.

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You can read Judge Gergel’s full decision here.

To the north, LGBT couples in North Carolina began to marry on Oct. 10, after a late-week order from a federal judge there that day. The first full day of marriage equality in North Carolina saw record numbers of marriage license applications filed across the state.

Read more of our full archive and continuing updates as marriage equality comes to the Carolinas

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Posted by Matt Comer

Matt Comer previously served as editor from October 2007 through August 2015 and as a staff writer afterward in 2016.