Judge strikes down South Carolina ban on same-sex marriage
http://www.washingtonblade.com/2014/11/12/judge-strikes-south-carolina-ban-sex-marriage/
In a 26-page decision issued on Wednesday, U.S. District Judge Richard Mark Gergel, an Obama appointee, determines the South Carolinas ban on gay nuptials violates same-sex couples rights to equal protection and due process under the Fourteenth Amendment of the U.S. Constitution.
Gergel bases his decision on an earlier ruling from the U.S. Fourth Circuit Court of Appeals against the marriage ban in Virginia, which lies in the same judicial circuit as South Carolina.
While a party is certainly free to argue against precedent, even very recent precedent, the Fourth Circuit has exhaustively addressed the issues raised by Defendants and firmly and unambiguously recognized a fundamental right of same sex couples to marry and the power of the federal courts to address and vindicate that right, Gergel writes.
Gergel denies a request for a stay on his ruling pending appeal, but includes a one-week stay as part of his decision until Nov. 20 at noon. Same-sex couples wont be able to marry in South Carolina until that time.