The defendants included the governor, the attorney general, and Judge Irvin G.Condon, the state judge who was enjoined from licensing same-sex marriages a week earlier by the South Carolina Supreme Court.
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In 1996, the South Carolina House of Representatives, by a vote of 82 to 0, passed a statute defining marriage as between one man and one woman. On April 22, 2014, Judge Childs stayed proceedings in Bradacs until the Fourth Circuit Court of Appeals disposed of the same-sex marriage case of Bostic v. On November 18, Judge Childs issued a permanent injunction against enforcement of the same-sex marriage ban only to the extent that the state refused to recognize "valid marriages of same-sex couples entered into in other states or jurisdictions and otherwise meet the prerequisites for marriage in the State of South Carolina, except that they are of the same sex" or denied equal treatment to the same.
The South Carolina State Senate, on a voice vote, passed the bill. On March 1, 2005, the South Carolina House of Representatives, by a vote of 96 to 3, approved of Amendment 1, a constitutional amendment banning same-sex marriage and any "lawful domestic union." On April 13, 2005, the South Carolina State Senate, by a vote of 42 to 1, approved of the constitutional amendment. On the morning of November 19, 2014, Judge Condon began to issue marriage licenses to those who had applied prior to the state Supreme Court's order.
On October 9, the state Supreme Court agreed to halt the issuance of licenses pending the resolution of Bradacs.
Because a South Carolina couple cannot receive a marriage license until 24 hours after their marriage license application was accepted, no marriage licenses were issued to same-sex couples in South Carolina, pending the outcome of Bradacs v. On October 15, 2014, a lesbian couple, Colleen Condon and Nichols Bleckley, represented by Lambda Legal and South Carolina Equality filed suit in federal district court seeking the right to marry, citing Bostic.