South Carolina Marriage Laws | § S.C. Const. art. XVII, § 15.

South Carolina Constitution S.C. Const. art. XVII, § 15.

Lawful domestic unions recognizable in State; domestic unions created in another jurisdiction.

A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall 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. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

Validity: For validity of this section, see Obergefell v. Hodges, 135 S.Ct. 2584 (U.S. 2015); Condon v. Haley, 21 F.Supp.3d 572 (D. S.C. 2014); Bradacs v. Haley, 58 F.Supp.3d 514 (D. S.C. 2014).

2007 Act No. 7

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More South Carolina Marriage Laws

§ 20-1-220 Written application required twenty-four hours prior to issuance of license.
§ 20-1-580 Effect of establishment of official record of marriage and record.
§ 20-1-380 Disposition of fines.
§ 20-1-540 Adjudication of presumed death.
§ 20-1-20 Persons who may perform marriage ceremony.
§ 20-1-290 Wilful failure of license-issuing officer to comply with Sections 20-1-250, 20-1-260 and 20-1-270 as cause for removal.
§ 20-1-375 Marriage license fee.
§ 20-1-15 Prohibition of same sex marriage.
§ 20-1-40 Cohabitation prior to emancipation as marriage; children.
§ 20-1-50 Legitimacy of children of marriages contracted after absence of previous spouse.
§ 20-1-60 Marriage of parents legitimates illegitimate children.
§ 20-1-70 Name of children legitimized after marriage of parents.
§ 20-1-80 Bigamous marriage shall be void; exceptions.
§ 20-1-90 Legitimacy of children when either party to bigamous marriage marries in good faith.
§ 20-1-100 Minimum age for valid marriage.
§ 20-1-210 License required for marriage.
§ 20-1-230 Issuance of license; premarital preparation course.
§ 20-1-240 Information to be provided to applicants for marriage licenses.
§ 20-1-260 Proof of age required of minor applicant.
§ 20-1-270 Proof of age required of applicant over age eighteen and under age twenty-five.
§ 20-1-280 Penalty for furnishing false affidavit.
§ 20-1-310 Form of license and certificate.
§ 20-1-320 Division of vital statistics shall distribute license forms.
§ 20-1-330 Issue of licenses in triplicate; disposition.
§ 20-1-340 Record of license and certificate kept by probate judge or clerk of court.
§ 20-1-350 Filing of license and certificate and issuance of certified copies by Department of Health and Environmental Control.
§ 20-1-360 Effect of article on marriage without license.
§ 20-1-510 Jurisdiction to determine validity of marriage.
§ 20-1-520 Affirmation of marriage if validity has been denied or doubted.
§ 20-1-530 Declaration of invalidity.
§ 20-1-550 Service on defendant in action to annul marriage.
§ 20-1-560 Service on persons in military or naval services overseas in action to annul marriage.
§ 20-1-250 Applicants under age of consent; consent of relative or guardian.
§ 20-1-30 Cohabitation prior to emancipation as marriage.
§ 20-1-370 Disposition of license fee.
§ S.C. Const. art. XVII, § 15. Lawful domestic unions recognizable in State; domestic unions created in another jurisdiction.
§ 20-1-10 Persons who may contract matrimony.
§ 20-1-570 Establishment of official record of marriages.