South Carolina is poised to become the 35th state where gay couples can legally marry, after the U.S. Supreme Court rejected a last-ditch bid by state officials for a halt.
Days after receiving a set of appeals that seek a nationwide ruling, the justices today allowed a lower court decision legalizing same-sex marriage in South Carolina to take effect today. Justices Antonin Scalia and Clarence Thomas dissented.
The order, which came with no explanation, is consistent with the Supreme Court’s recent pattern on the issue. The justices have let decisions by four federal appeals courts backing gay marriage take effect in the states under the jurisdiction of those panels.
The Supreme Court so far has refused to rule directly on the issue. The court last month left intact pro-marriage decisions from three appeals courts, including one with jurisdiction over South Carolina.
A different appeals court later ruled against gay marriage, putting new pressure on the Supreme Court to intervene. Gay- rights advocates in Michigan, Kentucky, Ohio and Tennessee have sought review of that decision, meaning the Supreme Court could take up the issue and rule by the end of the nine-month term in June.
Yesterday a federal judge made Montana the 34th state with gay marriage, striking down its ban as unconstitutional and saying the order would take effect immediately.
© Copyright 2026 Bloomberg News. All rights reserved.