South Carolina likely to be compelled to allow same sex marriage

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia.

This means it is likely inevitable that all states in the Fourth Circuit will soon be compelled to allow same sex marriage. The five states comprising the Fourth Circuit are Maryland, Virginia, West Virginia, North Carolina and South Carolina. Maryland already allows same sex marriage and the Supreme Court’s refusal to grant review to the Fourth Circuit opinion means that Virginia is now required to allow them.

As South Carolina is part of this judicial circuit, and there is controlling authority within the circuit finding same sex marriage bans are unconstitutional, it is only a matter of time–possibly even days–before South Carolina’s ban is found unconstitutional. The same is also true in North Carolina and West Virginia.