Haley's attorneys respond to lawsuit on gay marriage ban

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COLUMBIA. — Attorneys for Gov. Nikki Haley and Attorney General Alan Wilson said in court papers filed this week that the state of South Carolina doesn’t have to recognize gay marriages performed legally in other states and the nation’s capital.

That argument, filed in federal court Thursday, comes in response to a lawsuit earlier this year by a gay couple legally married in Washington, D.C., and now living in South Carolina.

Highway Patrol Trooper Katherine Bradacs and Tracie Goodwin – married last year – are suing Haley and Wilson to have the state’s ban on gay marriage overturned.

In June, the nation’s high court issued two rulings dealing with same-sex marriages. One ruling cleared the way for ending a ban on same-sex marriages in California; the other struck down a 1996 law passed by Congress that banned federal recognition of same-sex marriages.

Fifteen states and the District of Columbia currently allow same-sex marriage, and a bill is awaiting the governor’s signature in Illinois. South Carolina passed a law banning same-sex marriage in 1996, and voters passed a similar constitutional amendment in 2006.

The court made no determination over how states must deal with gay marriages in other states. In Missouri, which has a constitutional provision defining valid marriages as between a man and a woman, Democratic Gov. Jay Nixon said this week he would issue an executive order directing state tax officials to accept returns jointly filed by same-sex couples who have legally married in other states.

Arguing that South Carolina isn’t required to recognize the marriage, state prosecutors representing Haley and Wilson, both Republicans, said forcing South Carolina to change course is unconstitutional.

“They deny that the lack of recognition is intended to or does, in fact, communicate that their relationship is ‘unworthy,’” the state’s lawyers wrote. “To require the state of South Carolina to recognize same-sex marriages from other jurisdictions, or to permit such marriages itself, would be contrary to the Tenth Amendment and the sovereign interests of the state,” Haley and Wilson’s attorneys wrote.

No hearings have been scheduled in the lawsuit, which also asks a judge to temporarily suspend the gay marriage ban while the issue is in court.

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GiantsAllDay
9691
Points
GiantsAllDay 11/15/13 - 10:11 pm
3
3
The dominoes are toppling one

The dominoes are toppling one by one. South Carolina is last in line.

I'd be more concerned about the heterosexual divorce rate before worrying about same-sex couples getting married.

GiantsAllDay
9691
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GiantsAllDay 11/15/13 - 10:18 pm
3
4
What state will be the last

What state will be the last to stop hating human beings? Georgia or South Carolina? Nikki Haley is the new George Wallace. At least Wallace apologized. Nikki will go down in history just like the many racist governors of the south. At least those governors could use the times they were brought up under to defend themselves. Haley can't. Enjoy your administration, Nikki. History will not be kind to you.

InChristLove
22480
Points
InChristLove 11/16/13 - 07:27 am
2
1
Divorce rate among

Divorce rate among heterosexuals is a concern, GAD. Give it time, we'll soon be on the same track for homosexual divorce.

Yeah, the dominos are toppling.....it's hard to stand straight and firm in all the decadence.

myfather15
55725
Points
myfather15 11/16/13 - 07:50 am
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Mrs. Haley, stand STRONG for you people!!

They voted and you need to listen to the people!! I don't suspect you will relent and I'm proud of you for that!! We must stop bending to PC pressure!!

myfather15
55725
Points
myfather15 11/16/13 - 07:52 am
4
3
Divorce rates are as high as

Divorce rates are as high as they are because of the progressive, liberal society we live in, period!! People are self-centered and greedy; and in marriage you must put aside your selfishness and become more concerned with your spouse and family!! If you don't, you're marriage is doomed from the start!!

myfather15
55725
Points
myfather15 11/16/13 - 08:13 am
3
3
People simply do NOT realize

People simply do NOT realize how much GOVERNMENT is encouraging divorce and discouraging marriage!!

Even in the Affordable Care Act, they are punishing and discouraging marriage!! I could list all of them, but I'll save space and post a couple links. Basically, if you're married, you will pay MUCH more, period!!

That goes with government entitlement programs as well!! In 17 years of law enforcement, I can't count the amout of times I spoken with people who never married because they would lose benefits. They lived together 20-30 years but never legally wed, because they didn't want to lose federal benefits.

Whether it be the entertainment industry, sports or government; they all ALL promoting promiscuity!! They promote "doing what feels good" not doing the right thing!! Government officials, sports athletes, celebrities and just about ALL or our "Role models" today, promote promiscuity!! Even the media is involved!! Very rarely, if ever; do you see stories of couples who have stayed faithful and together for greats links of time!! We are constantly hearing of divorces with celebrities and sports athletes!! It's pounded into our heads daily, until the point that it has become the "Norm".

Legalized gay marriage is just another disguised attempt to destroy the Biblical institution of marriage!! Using the disguise of "civil rights" and "compassion".

http://www.thenewamerican.com/usnews/health-care/item/16352-obamacare-s-...

http://www.forbes.com/sites/davidmarotta/2013/01/20/earned-income-tax-cr...

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