South Carolina: Federal Judge Rules Same-SexMarriage Ban Unconstitutional

Today, U.S. District Court Judge Gergel ruled in favor of the freedom to marry in South Carolina, striking down the state's ban on marriage between same-sex couples.

Normally, the state would now appeal to the 4th Circuit Court of Appeals for further review.

BUT....

This ruling came after the United States Supreme Court denied review in five cases involving the freedom to marry, including a case in Virginia.

Because Virginia is in the 4th Circuit, the ruling is binding for the entire circuit, including South Carolina. Since this ruling, West Virginia and North Carolina have secured the freedom to marry.

The ruling is stayed until November 20 at noon.

UPDATE: South Carolina Attorney General Alan Wilson has pledged in a statement to “immediately appeal” the ruling to the 4th Circuit:

"Today's ruling comes as no surprise and does not change the constitutional obligation of this office to defend South Carolina law, including, but not necessarily limited to, appeal to the Fourt Circuit. Therefore we will immediately appeal to the Fourth Circuit.

"Also, the Sixth Circuit Court of Appeals recently upheld traditional marriage. Therefore, we have opposing rulings between federal circuits, which means it is much more likely that the U.S. Supreme Court could resolve the matter at the national level.

"We believe this office has an obligation to defend state law as long as we have a viable path to do so. Finally, our unique law are not the same as those in other states. Therefore, based on the time-honored tradition of federalism, this Office believes South Carolina's unique laws should have their day in court at the highest appropriate level."

(via Freedom To Marry)