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District Court Declares South Carolina's Same-Sex Marriage Ban Unconstitutional

District Court judge Richard Gergel ruled today that South Carolina's same-sex marriage ban is unconstitutional.

Gergel ruled in favor of same-sex couple Colleen Condon and Ann Bleckley who sued the state after they were denied a marriage license, despite having paid the filing fee.

Reports The Post and Courier:

...Gergel granted a motion for summary judgment and enjoined state officials from enforcing the state's constitutional gay marriage ban or withholding marriage licenses from same-sex couples.

The gay marriage ban infringes on same-sex couples' rights under the Due Process Clause and Equal Protection Clause of the Constitution, "and are invalid as a matter of law," Gergel wrote in his order.

A constitutional amendment was originally approved by South Carolina voters in 2006. But the Palmetto State was the only one in the 4th Circuit—which includes Virginia, West Virginia, North Carolina, and South Carolina—to continue banning same-sex marriage even after the Supreme Court refused to hear appeals on the issue in October.

Related: Keep Up-To-Date With MTV's Interactive Marriage Equality Map

At the time, South Carolina's Republican Governor Nikki Haley stated, "This administration will continue to uphold the will of the people."

Gergel has already approved a stay on issuing marriage licenses until November 20 in anticipation of Haley and Attorney General Alan Wilson appealing his ruling.

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