Court: Violence law unfair to gay South Carolina couples
COLUMBIA, S.C. — People in same-sex relationships in South Carolina should get the same legal protections against domestic violence as heterosexual couples, the state’s highest court ruled Wednesday, deeming a portion of the state’s domestic violence law unconstitutional.
The court was asked to weigh in after a woman tried to get a protective order against her former fiancée, also a woman, and was denied.
Current law defines “household members” as a spouse, former spouse, people with a child in common, or men and women who are or have lived together. It does not include unmarried same-sex couples.
Acting Justice Costa Pleicones, who wrote the majority opinion, said during oral arguments in March 2016 that he felt the law was “pretty clearly unconstitutional in its discriminatory impact upon same-sex couples.”