Why Is A South Carolina Judge Letting Gay Couples Marry Despite State Ban?

A judge in South Carolina began to accept marriage applications from same-sex couples in Charleston County at 8:30 a.m. on Wednesday, sparking some confusion because the state’s ban on gay marriage remains in effect.

Armeeda Collins, clerk for Charleston County Probate Judge Irvin G. Condon, told TPM that there’s a mandatory 24-hour waiting period upon application for receiving a marriage license. But she said the court will move forward and grant licenses unless the Supreme Court steps in.

The judge’s proactive move comes two days after the U.S. Supreme Court gave its tacit blessing to a federal appeals court ruling that struck down Virginia’s gay marriage ban. The 4th Circuit Court of Appeals, which made the decision in July, also has jurisdiction over South Carolina, but the state’s ban is being challenged separately in a federal district court case that’s still pending.

U.S. District Court Judge Michelle Childs, who is hearing the case, on Tuesday ordered that the pro-gay-marriage couple and the state of South Carolina submit their briefs by Oct. 15.

South Carolina Attorney General Alan Wilson, a Republican, has vowed to defend the state’s constitutional amendment banning same-sex marriage. His office declined to comment on whether Judge Condon’s move was appropriate.

“Because the Attorney General’s Office has ongoing federal litigation, it would be inappropriate to comment on this matter at this time,” J. Mark Powell, a spokesman for the attorney general, told TPM.

The federal judge hearing the case is bound by the 4th Circuit ruling, so there’s little doubt that the decision will eventually go against South Carolina’s same-sex marriage ban. In the meantime, it appears that gay couples in Charleston County will be able to marry sooner than expected — unless a higher court puts a stop to Condon’s maneuvering.