A coalition of lawmakers in South Carolina is urging the U.S. Supreme Court to revisit and reverse its historic decision that legalized same-sex marriage nationwide, according to reporting by the state’s ABC News 4. Their goal is to shift authority over marriage laws back to individual states rather than leaving it at the federal level.
Jace Woodrum, executive director of the ACLU of South Carolina, argues that state lawmakers do not have the power to strip marriage rights from couples across the country. “Lawmakers in South Carolina cannot undo marriage for all committed couples in this country,” says Woodrum. However, Republican Representative Jordan Pace of Berkeley County takes a different view: “The reality is, most of the states never legalized [same-sex marriage],” Pace says. “This was a faulty court decision.”
The resolution under discussion in the South Carolina House centers on a decision made by the state nearly ten years ago regarding same-sex marriage. Woodrum has criticized the effort, describing the lawmakers behind it as extreme.
The group behind the resolution, known as the Freedom Caucus, (a group of 30-40 South Carolina Republican politicians) contends that the Supreme Court’s decision on marriage equality was invalid. They argue it depended on a misreading of the 14th Amendment and claim that two justices should not have participated in the case because they had previously officiated same-sex weddings. The caucus maintains that marriage laws should be set by states, not determined by federal courts.
It’s important to note the South Carolina Freedom Caucus has actively pursued a socially conservative agenda targeting LGBTQ+ rights, focusing particularly on transgender youth, gender-affirming care, and school policies. Among the history of anti-LGBTQ+ taken by the
South Carolina Freedom Caucus:
- Gender-Affirming Care Bans
- Forced “Outing” of Transgender Students
- Restricting LGBTQ+ Topics in Schools
- Removal of LGBTQ+ Books
- Opposition to Hate Crimes
- Blocking State Funds for Transgender Care
- License to Discriminate Bills
While the resolution itself would not change the law, the ACLU says it highlights the priorities of certain state leaders. Advocates for marriage equality are encouraging residents and public officials to stay engaged and push back against potential future legislation.
Woodrum also noted that efforts by some lawmakers extend beyond marriage, pointing to other proposed bills affecting transgender individuals. He argues these initiatives do not reflect the views of most South Carolinians. “These lawmakers are fringe extremists,” says Woodrum. “[“They] do not represent the feelings and priorities of most South Carolinians. They should be spending time on Healthcare and not this. All LGBTQ South Carolinians [should] get involved in advocacy, whether your life is impacted or not.”
Pace, meanwhile, acknowledged that the resolution is symbolic but said it could influence future legal debates. He raised concerns about where legal boundaries might be drawn in the future, questioning whether other forms of marriage could be permitted if limits are not clearly defined. He added that the intent of the resolution is not to target LGBTQ+ individuals, but rather reestablish what he describes as “a traditional definition of marriage.”
