LGBTQ rights in South Carolina

Overview of LGBTQ rights in South Carolina

Map of South Carolina in the United States

LGBTQ rights in South Carolina have evolved over the years, with significant legal and social changes impacting the lives of lesbian, gay, bisexual, transgender, and queer individuals in the state. While progress has been made in certain areas, challenges remain in achieving full equality.

Legal Status

Same-Sex Marriage

Same-sex marriage is legal in South Carolina

Same-sex marriage has been legal in South Carolina since November 20, 2014, following a federal court ruling that struck down the state's ban on same-sex marriage. This decision was part of a broader wave of legal changes across the United States, culminating in the Obergefell v. Hodges decision by the Supreme Court of the United States in 2015, which legalized same-sex marriage nationwide.

Adoption and Parenting

LGBTQ individuals can adopt in South Carolina

LGBTQ individuals and couples in South Carolina have the right to adopt children. There are no explicit prohibitions against LGBTQ individuals adopting, and same-sex couples can jointly adopt children. However, some private adoption agencies may impose their own restrictions based on religious beliefs.

Discrimination Protections

Map of local protections in South Carolina

South Carolina does not have statewide laws that explicitly protect individuals from discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations. However, several cities and counties have enacted local ordinances that provide such protections.

Hate Crimes

No statewide hate crime law includes sexual orientation or gender identity

South Carolina does not have a hate crime law that includes protections based on sexual orientation or gender identity. Efforts to pass such legislation have been made but have not yet succeeded.

Transgender Rights

Gender Marker Changes

Gender marker changes are allowed with certain conditions

Transgender individuals in South Carolina can change the gender marker on their birth certificates, but this process requires proof of sex reassignment surgery. The state also allows changes to the gender marker on driver's licenses, subject to similar requirements.

Healthcare Access

No explicit protections for transgender healthcare

There are no explicit statewide protections ensuring access to healthcare for transgender individuals. However, federal protections under the Affordable Care Act may apply, prohibiting discrimination based on gender identity.

Public Opinion and Advocacy

Public opinion in South Carolina regarding LGBTQ rights has been shifting, with increasing support for same-sex marriage and non-discrimination protections. Advocacy groups such as South Carolina Equality and the Human Rights Campaign continue to work towards advancing LGBTQ rights in the state.

Related Pages

• LGBTQ rights in the United States
• Obergefell v. Hodges
• South Carolina Equality