Proposed Law Would Let Officials Refuse to Marry Same-Sex Couples in South Carolina

The proposed laws would allow elected officials in South Carolina to refuse to license or solemnize marriages on grounds of ‘religious freedom’

 

South Carolina Rep. Thomas Beach is at it again. The ultra-conservative, anti-LGBTQ+ lawmaker reintroduced legislation last week to allow elected officials to refuse to perform any marriage or issue any marriage license without facing repercussions. 

 

A previous version of this bill, ironically titled the “Live and Let Live Act” died in committee last year (HB 3611 2023-2024). But Beach prefiled a nearly identical version under the same name last week, ahead of next year’s session. 

 

The new act would prevent the state from taking legal action against an elected official who refuses to perform or license any marriage, if the official says that the couple's marriage goes against their religious beliefs. 

 

Note: This bill is huge and targets more than marriage rights, but marriage rights are all we’ll be covering here. 

 

We encourage you to read the full text of the bill (House Bill 3121), which would create laws allowing individuals and organizations to discriminate in adoption and foster-care services, wedding vendor services, overnight lodging, restrooms and gyms, schools, and even as employers. Its impact could be sweeping for LGBTQ+ families in the state.

 

These proposed laws target same-sex couples and transgender people by 'protecting' an official's ability to refuse service because of their beliefs about "biological sex" and marriage. That's bad enough, but laws like these also open the door to to discrimination against anyone – interracial couples, racial or ethnic minorities, international couples, previously married or divorced couples, or any two people that an official believes shouldn’t be married because of ‘sincerely held’ religious beliefs. 

 

The legislation includes a ‘fix’ meant to balance out its discrimination: Officials who do not want to perform or license a marriage would be required to “provide prior written notice to the probate judge or clerk of court” of their recusal (refusal), and the judge or clerk would then “take all necessary steps to ensure that the authorization and licensing of any legally valid marriage is not impeded or delayed as a result of any recusal.” 

 

The logic here seems to be that by providing a replacement officiant to perform the ceremony, the government can balance a couple’s marriage rights with a single official’s religious freedom rights – but how effective is it really? Government officials have a public duty to serve all people equally, regardless of their personal beliefs. Refusing to perform one part of their job because of a personal bias likely undermines their ability to serve the community equally in all parts of their job. And it likely undermines the public’s trust and safety when interacting with all areas of government. 

 

Related: SC Lawmaker introduces bill that ‘ignores’ same-sex marriage, adds gendered language to marriage licenses

 

It seems important to mention here that religious organizations have always had the right to refuse to provide certain marriage services on religious grounds – and this makes sense. A church or clergy member shouldn’t be compelled to perform religious marriage rites that aren’t aligned with their faith or profession.

 

But government officials are not clergy; they serve the public not a congregation; and civil marriages happen in a courthouse, not a church. 

 

Read AMM's interview with Rep. Thomas Beach in 2022, when he stated, "God hates divorce, I hate divorce." : A lawmaker in South Carolina wants to limit grounds for divorce, increase protections for married minors

 

 

Can officials refuse to marry same-sex couples in other states? 

 

Yes, other states have considered or passed legislation similar to Rep. Beach’s “Live and Let Live Act,” though to do so remains very contentious.

 

For example, legislators in Tennessee passed a law earlier this year which states that “a person shall not be required to solemnize a marriage,” including judges, county clerks and government officials. The law has continued to make headlines for months, in part because it doesn’t require an official to give any grounds for refusing to perform their job, such as their religious beliefs.

 

In Texas, a justice of the peace named Dianne Hensley refused to marry same-sex couples in 2019, referring them to private officiants. A public warning was issued against Judge Hensley by the State Commission on Judicial Conduct at the time and she sued them, followed by years of litigation. That public warning was only rescinded in October of this year when new members were appointed to the commission, and judicial opinions about Hensley’s conduct remain strongly divided. 

 

In some states, elected officials can recuse themselves from performing all marriages, but they can’t pick and choose when to do their job (or for whom). For example, in North Carolina, magistrates can recuse themselves from performing all marriage services, but not same-sex marriage ceremonies specifically.

 

And just last week, a judge in Syracuse, New York, refused to marry a same-sex couple on the same day she performed marriage for an opposite-sex couple. The incident was referred to New York’s State Commission on Judicial Conduct and is now headed before a grand jury, which is scheduled to hear testimony about the case this week.

 

Read AMM's coverage: Syracuse Judge Refuses to Marry Same-Sex Couple in Courthouse Wedding

 

We expect to see more attempts like this in the coming years unfortunately, as well as continued threats against Obergefell v Hodges, the Supreme Court case which legalized same-sex marriage at the national level. 

 

Click the articles linked below to learn more: 

 

• What Wedding Officiants Should Know About Project 2025 & Gay Marriage
• Good News! Voters in Three States Pass Marriage Equality Protections
• The Threat to Same-Sex Marriage in a Post-Roe World
• Marriage Equality Threatened once more, as Two Supreme Court Justices Challenge Obergefell v Hodges

 

 

How can you protect marriage equality in your community? 

What can you do to protect marriage equality? Writing to your legislators, protesting, and sharing information about incidents like the one in Syracuse are all important actions to take, but we believe that your role as an AMM Minister places you in a unique position to do more.
 
We believe that our ministers have the power to be an overwhelming source of love and acceptance in their communities, and to lead by consistent and conscientious example.
 
You can be a daily force for good in the world by being proudly inclusive, by offering marriage services to couples and their families without judgment, by meeting people on their own terms, and by lovingly serving those who might otherwise be discriminated against because of their race, gender, or sexual orientation. 

 

Our commitment to equality insists that we see ourselves in every person we meet, and to meet them with tolerance, acceptance, understanding, and respect. 

 

One simple way to protect marriage equality is to get ordained online with American Marriage Ministries, to be ready to provide welcoming marriage services to people in your community. 

 

 

Become an ordained minister online with American Marriage Ministries and officiate wedding for friends and relatives. Help protect marriage equality in your community and spread love for all! (Photo: SolStock / iStock)

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