CHARLESTON COUNTY, SC (WCSC) - Nineteen same-sex marriage applications were filed in Charleston County Wednesday after the Probate Court announced its decision to accept applications. The announcement came on the heels of the United States Supreme Court's decision Monday not to get involved in the constitutional debate over same-sex marriage.
"The change is coming. The ruling is coming, and there doesn't seem to be any question in anybody's mind that that's going to happen," says Charleston attorney Nathan Senn.
Senn says Charleston County Probate Judge Irvin Condon's decision Wednesday raises questions about timing since the Fourth Circuit Court of Appeals has not specifically ruled on South Carolina's same-sex marriage ban. However, Senn says a ban was struck down in a case out of Virginia, which is also part of the Fourth Circuit.
"The Bostic decision specifically addresses South Carolina law and seems to overturn it, and it seems that that's what Judge Condon is relying on in issuing these licenses."
Judge Condon says marriage licenses will be issued after the mandatory 24-hour waiting period, unless the state's Supreme Court or another court halts the process.
Wednesday afternoon, South Carolina Attorney General Alan Wilson filed a petition with the state Supreme Court to stop Judge Condon from issuing marriage licenses.
"It's just a simple matter about fairness in the law, and the question is whether or not the Attorney General is going to respect the decision of the Fourth Circuit and the decision of the United States Supreme Court not to overturn that decision or whether he's going to fight until the last man standing."