South Carolina Amendment 1 of 2006 is the "defense of marriage amendment" that amended the South Carolina Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of voters. Unlike the other sixteen such state amendments, South Carolina's explicitly disavows any effort to prevent private contracts between same-sex partners from being recognized, Virginia being the only state to do so.
The text of South Carolina Amendment 1 states:
A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.
- ↑ CNN.com Election 2006 - Ballot Measures Accessed 14 December 2006.
- ↑ 2.0 2.1 p.24 No.54 edition of the Journal of the Senate of the State of South Carolina. State of South Carolina. April 2005. Accessed 06 January 2007.
- ↑ Test case is urged by ACLU, by Bill Freehling, The Free Lance-Star, November 21, 2006. Accessed 15 December 2006.
- ↑ Potential Impact of the Proposed Marshall/Newman Amendment to the Virginia Constitution, by Melissa Glidden, Brenda Jackson-Cooper, and Leslie Nickel, Arnold & Porter, LLP, August 11, 2006. Accessed 15 December 2006.