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South Carolina Amendment 1, Definition of Marriage and Prohibition of Domestic Unions Amendment (2006)

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South Carolina Amendment 1

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Election date

November 7, 2006

Topic
Family-related policy and LGBTQ issues
Status

OverturnedOverturned

Type
Legislatively referred constitutional amendment 		Origin

State legislature


South Carolina Amendment 1 was on the ballot as a legislatively referred constitutional amendment in South Carolina on November 7, 2006. The measure was later overturned.

A "yes" vote supported amending the state constitution to define marriage as a union between one man and one woman and prohibit the state and its political subdivisions from recognizing any other type of domestic union.

A "no" vote opposed amending the state constitution to define marriage as a union between one man and one woman and prohibit the state and its political subdivisions from recognizing any other type of domestic union.


Election results

South Carolina Amendment 1

Result Votes Percentage

Approved Yes

829,360 77.97%
No 234,316 22.03%
Results are officially certified.
Source


Overview

What was this amendment designed to do?

This measure was designed to amend the constitution to provide that marriage will only be recognized between one man and one woman, and that no other domestic union will be valid or recognized.

Aftermath

Fourth Circuit Court

The US Court of Appeals for the Fourth Circuit became the second federal court to make a ruling about same-sex marriage on July 28, 2014. The court ruled that same-sex marriage bans such as Amendment 1 were unconstitutional.[1]

In their decision, the court said:[2]

“ The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.

[3]

”

As a decision made by a federal appeals court, this decision also had an impact on similar measures in North Carolina and Virginia.

On October 6, 2014, the Supreme Court of the United States declined to hear the case appealing the decision of the federal circuit court, thus allowing the ruling of the Fourth Circuit Court to stand and making same-sex marriage "presumptively legal" in South Carolina.[4]

U.S. District Court

On November 12, 2014, Judge Richard Gergel of the U.S. District Court of South Carolina struck down the ban on same-sex marriage.[5] The state appealed to the Fourth Circuit, although that court already struck down similar bans in other states.[6] The Fourth Circuit refused to stay Judge Gergel's ruling.[7] Following, Attorney General Alan Wilson (R) appealed to the US Supreme Court, which, in a 7 to 2 ruling, decided to let the lower court's ruling stand.[8]

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[9]

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[10]

Text of measure

Ballot title

The ballot title for Amendment 1 was as follows:

“

"Must Article XVII of the Constitution of this State be amended by adding Section 15 so as to provide that in this State and its political subdivisions, a marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized; that this State and its political subdivisions shall not create, recognize, or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated; that this amendment shall not impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State; and that this amendment shall not prohibit or limit the ability of parties other than the State or its political subdivisions from entering into contracts or other legal instruments?"

”

Explanation

As provided for in South Carolina law, election officials include a neutral explanation on the ballot of each ballot question. The explanation provided alongside the question for proposed Amendment 1 in 2006 said:

"This amendment provides that the institution of marriage in South Carolina consists only of the union between one man and one woman. No other domestic union is valid and legal. The State and its political subdivisions are prohibited from creating or recognizing any right or claim respecting any other domestic union, whatever it may be called, or from giving effect to any such right or benefit recognized in any other state or jurisdiction.
However, this amendment also makes clear it does not impair rights or benefits extended by this State, or its political subdivisions not arising from other domestic unions, nor does the amendment prohibit private parties from entering into contracts or other legal instruments."

Support

Supporters

Organizations

  • Park Hills Baptist Church

Arguments

  • Warren Bolton, Associate Editor of The State: "But at the heart of this debate is the homosexual lifestyle, which is a sin. Gay and lesbian couples’ continuial push to have their lifestyle recognized by society not only threatens marriage, but threatens society. We don’t have to – and must not – allow the fundamental definition of marriage to be redefined."

Opposition

Opponents

Organizations

  • ACLU of South Carolina
  • South Carolina Equality Coalition

Arguments

  • ACLU of South Carolina: "We believe that denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to any legitimate governmental purpose. Under the equal protection guarantee of the constitution, committed same-sex couples must be accorded, on equal terms, the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to a uniform statutory scheme that provides the full rights and benefits to all couples, whether “civil marriage” or “civil union” or some other term, is a matter best left to the democratic process."


Background

Related measures

See also: History of same-sex marriage ballot measures

Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.


Path to the ballot

A two-thirds (66.67%) vote is required during one legislative session for the South Carolina State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in the South Carolina House of Representatives and 30 votes in the South Carolina State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

In South Carolina, the Legislature needs to approve a constitutional amendment for a second time after voters approve the amendment. This second vote requires a simple majority in the House and Senate.

See also

2006 Measures

South Carolina

News and analysis


Footnotes

  1. ↑ USA Today, "Appeals panel strikes down Virginia gay marriage ban," July 28, 2014
  2. ↑ NBC News, "Second Appeals Court Strikes Down Same-Sex Marriage Ban," July 28, 2014
  3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
  5. ↑ KNAU, "South Carolina Same-Sex Marriage Ban Is Overturned," November 12, 2014
  6. ↑ Greenville Online, "Motions, response filed in S.C. gay marriage case," November 17, 2014
  7. ↑ WLTX, "4th Circuit Won't Stop Gay Marriage in SC," November 18, 2014
  8. ↑ WISTV, "U.S. Supreme Court denies stay in SC same-sex marriage," November 19, 2014
  9. ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
  10. ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
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