COLUMBIA, S.C. (Dec. 9, 2015) – A bill prefiled in the South Carolina House seeks to nullify the recent Supreme Court opinion recognizing gay marriage.
Rep. Bill Chumley (R-Spartanburg) and Rep. Mike Burns (R-Greenville) prefiled House Bill 4513 (H4513) on Dec. 3. The legislation declares “It is the policy of the State of South Carolina to defend natural marriage as recognized by the people of this State in the Constitution and laws of the State of South Carolina.”
It further asserts, “Natural marriage between one man and one woman as recognized by the people of this State remains the law in South Carolina, regardless of any court decision to the contrary. A court decision purporting to strike down natural marriage, including Obergefell v. Hodges, 135 S.Ct. 2584 (2015), is unauthoritative, void, and of no effect.”
Under the proposed law, the South Carolina Attorney General would be required to defend any state official “from any lawsuit regarding the official’s recognition of natural marriage as defined by this section.”
H4513 would also prohibit state agencies from enforcing any court order that has the effect of violating South Carolina’s laws protecting natural marriage, and would prohibit the state from applying any levy upon the property or arresting “any government official or individual who does not comply with any unlawful court order regarding natural marriage within South Carolina.”
State non-cooperation would certainly gum up the works, creating, as James Madison foresaw, impediments and obstructions to enforcing the federal demand to recognize gay marriage. It…