2014 was a big year for the Lesbian, Gay, Bisexual, and Transgender community. Because of the federal lawsuit filed by SC Equality, same-sex marriages became legal in South Carolina.  The lives of many loving and committed same- sex couples have been enriched by these significant strides towards equality. Same-sex couples now, more than ever, have greater access to options that can help provide a sense of security for you and your family. As we continue to work across our state to make equality for all a reality, SC Equality is determined to make sure that you and your family Know Your Rights.

What you need to know of marriage equality in South Carolina.

Marriage Licenses

To get married in the state of South Carolina, you need to obtain a marriage license. South Carolina does issue marriage licenses for same-sex couples. The following requirements apply to both residents and non-residents:

• Both parties must appear together at the office of a South Carolina county probate judge and file a written application. This application asks for the full name, social security number or alien identification number, age, and place of residence of each person. It is a sworn statement that must be signed by both parties and then notarized in the office of the probate judge.
• Some probate judges require both applicants to show their social security cards.
• There is a waiting period after the application is filed before the license can be picked up and the marriage can take place. This waiting period
• varies from county to county, so please contact the appropriate county probate judge at least a week before you plan to get married.
• If you are 18 years old or older, you do not need parental consent. But you must provide proof of your age (or simply identification if you’re over age 25) by presenting one of the following:
  – Valid driver’s license or state-issued identification card
  – Original birth certificate or a certified copy of your birth certificate
  – Current military identification card
  – Current passport; plus current visa attached if not a US citizen
• If you are under the age of 18, parental consent can be granted for boys and girls who are at least 16 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.
• No blood test or physical exam is required.
• South Carolina residency is not required.
• A South Carolina license can be used in any county in the state.
• If recently divorced, legal proof of the divorce may be needed. This varies by county so please contact the appropriate county probate judge to confirm that county’s requirement.
• The fee for a marriage license varies from county to county.

Can my partner and I have structure regarding our financial assets during our relationship and provide guidance for if it ends?

A family law lawyer with experience in same-sex couple’s issues can provide you and your partner to resources to serve some of the needs of your relationship. For example, the purchase and financing of a home is a significant investment that both partners deserve to have protection regarding. At present, opposite sex married couples go to Family Court for a supervised means of dividing the assets of the relationship. For Same Sex couples, a Partnership Agreement can address how to handle finances during the relationship as well as providing a structure to help dissolve the jointly owned assets.

A major challenge faced by South Carolina’s LGBT community often comes in the form of discrimination. Protections in employment, housing, public accommodations, and including health care are essential to ensuring the livelihood and economic security of all individuals and their families. While progress has been made in some areas of our state to stop discrimination on the basis of sexual orientation and gender identity, many LGBT South Carolinians still find themselves in situations where they face discrimination every day. That is why it is important to Know Your Rights.

What are my rights in regards to visiting my partner while they are in the hospital? Could I be denied medical services?

• Often, services provided by physicians, hospitals, and healthcare providers are included under public accommodation policy. Particularly medical facilities which provide overnight accommodations. See municipal protections above.
• The Human Rights Campaign (HRC) offers an online resource which scores the inclusiveness of hospitals in the country called the Healthcare Equality Index.
• The following South Carolina Health Facilities are included as 2013 leaders:
  • VA Ralph H. Johnson Medical Center – Charleston
  • VA Wm. Jennings Bryan Dorn Medical Center – Columbia
  • Bon Secours St. Francis Downtown – Greenville
  • Bon Secours St. Francis Eastside – Greenville
  • Greenville Memorial Hospital – Greenville
  • Patewood Memorial Hospital – Greenville
  • Greer Memorial Hospital – Greer
  • Hillcrest Memorial Hospital – Simpsonville
  • North Greenville Hospital – Traveler’s Rest

Hospital Visitation

• As of 2011, the federal government requires that any hospital accepting Medicaid or Medicare must grant patients the ability to decide who can visit them regardless of sexual orientation or gender identity.
• The Health Insurance Portability & Accountability Act (HIPAA), which does protect patient confidentiality, should not be used to as a basis for discrimination.
• Also see information on the benefits of Medical Power of Attorney from our Know Your Rights – Relationship Protections fact sheet.

For many of South Carolina’s LGBT youth, the journey to self-discovery can encompass both uncertainty and fear. This is why it is important that all students feel safe in their educational environment. According to a study by the  Williams Institute, statistics show that 40% of homeless youth identify as LGBT. Additionally, GLSEN finds that finds that 8 out of 10 LGBT students experience harassment on the basis of their identity. These staggering numbers are unacceptable and South Carolina’s youth deserve so much more. We must ensure that all of our LGBT and allied students Know Their Rights.

Am I protected in my school from harassment and bullying in school on the basis of sexual orientation or gender identity?

Federal

• Currently, there are no federal laws which aim to directly address bullying; however, there is an area of overlap between “discriminatory harassment” under civil rights statutes.
• These statutes are to be enforced directly by the Department of Education and the Department of Justice and include:
  • Title IV  and Title VI of the Civil Rights Act of 1964
  • Title IX of the Education Amendments of 1972
  • Section 504 of the Rehabilitation Act of 1973
  • Title II and Title III of the Americans with Disabilities Act
• It should be noted that while sexual orientation and/or gender identity are not explicitly protected under these statutes, harassment often will overlap in these other areas, under which all students are protected.
  • Check out the link for more information on these may apply, the responsibilities of schools to protect students from harassment, along with additional resources. Check out stopbullying.gov for more information.

State

• Safe Schools Climate Act of 2006 (S.C. Code Ann. § 59-63-110 (2006).)
  • Aims to prevent school harassment, intimidation, or bullying in order to “protect the health and welfare of, and improve the learning environment for South Carolina school children,” however this law does not specifically address sexual orientation or gender identity.
  • Each school district in South Carolina is required to adopt a policy prohibiting harassment, intimidation, or bullying.
  • Accordingly, each district policy must include 10 standard components as specified by the law.
    • A complete list can be found under Section 59-63-140 (B) of the law but include procedures for reporting and investigating violations of the policy.
  • The State Board of Education has developed a “model policy” to be used to help schools comply with the law. These are available upon request from the South Carolina Department of Education.
• For more information on your school’s policy or how to report incidents of bullying or harassment, check your local school district’s website.

Local

• The Safe Schools Climate Act of 2006 recommends that each school district implement a bullying prevention program to ensure compliance with the law.
• The following districts have enumerated policies which name protected classes:
  • Charleston (enumerated with “sexual orientation” & “gender identity”) – Click Here
  • Richland One (enumerated with “sexual orientation” & “gender identity”) – (policy not yet online…)
  • Anderson Five (enumerated with “sexual orientation” only) – Click Here
  • Allendale (enumerated with “sexual orientation” only) – Click Here
• Together, the South Carolina Department of Education and ETV have developed a model bullying prevention program.
• OLWEUS is another commonly implemented bullying prevention program which provides a host of resources to educators, administrators, and students in regards to bullying prevention.

As a student, am I allowed to speak openly about or my sexual orientation or gender identity in my school?

Federal

• The First Amendment of the United States Constitution guarantees an individual’s right to freely express themselves as they so choose. When applied to context of a public school setting, the Supreme Court found in the 1969 case of “Tinker v. Des Moines Independent Community School District” that these rights still apply, so long as the expression is not “materially or substantially disruptive.”
• For more, see the ACLU’s Your Right to Free Expression fact sheet.

State

Comprehensive Health Education Act (CHEA)

• South Carolina law states (SECTION 59-32-30(5)) that during Comprehensive Health Education including sexual health education, “The program of instruction provided for in this section may not include a discussion of alternative sexual lifestyles from heterosexual relationships including, but not limited to, homosexual relationships except in the context of instruction concerning sexually transmitted diseases.”
• This law is often misinterpreted as a “no promo homo law” — meaning that no school teacher or course can discuss LGBT topics anywhere on school grounds. Specifically, this section is ONLY referencing which topics can be covered in comprehensive health courses.
• Additionally, as the law states, health course topics which cover sexually transmitted diseases ARE allowed to discuss risk factors and prevention methods for same-sex, sexual activity in the context of preventing STDs.
• If you are a teacher or student and have experienced school administration tell you otherwise, please contact SC Equality and we will look into the matter further.

The desire to live authentically and in an environment free from discrimination is one most certainly shared by all members of the LGBT family, yet the reality of doing so greatly varies among us. For the Transgender community this is most certainly true. For many Transgender individuals, authenticity requires the ability to self-determine one’s own gender identity and expression in order to live fully with dignity and respect. This fact sheet is to serve as a resource to the Transgender community in order to provide guidance through the process of changing their identification documents while also providing information on other central issues in healthcare, restroom access, and the workplace. Do you know your rights?

This resource was created and distributed by TransAction, a program of South Carolina Equality, a 501(c)3 non-profit organization, dedicated to the advancement of transgender people through education, advocacy, and engagement. The voter you are talking to is transgender. Here is some information that may be helpful to your job of ensuring a fair election:

• Gender discrepancies on ID are not a valid reason to deny a regular ballot. Transgender voters may have ID that indicates a different gender than what they look like. They may not have had the opportunity to update their ID yet, or may not be able to. In fact, some transgender people have Ids that do not match each other due to different policies about updating gender and name on Ids. This does not mean their ID is invalid or fraudulent for voting purposes.
• Different clothing and hairstyle on an ID photo is not a valid reason to deny a regular ballot. Voters may look different today than on their photo ID for a lot of reasons-they may even look like a different gender. As long as you can identify the voter from their picture, this is not a problem.
• “Cross-dressing” is not a valid reason to deny a regular ballot. A voter who appears to you to be cross-dressing may in fact be simply dressing in accordance with their gender identity. They have the right to do so, and the way they are dressed should not impact their ability to cast a ballot.
• A voter’s transgender status and medical history is private. Although you may be curious or confused about a voter’s appearance, asking personal questions may be offensive and discouraging to voters, and is not relevant to their right to vote.
• Transgender Voters are not trying to do anything wrong-they are just being themselves. Although this may be a new situation for you, this is their life every day and they are just here to vote. Please help them do so.

For more information about voting rights, please contact your county election supervisor.

Can a potential employer in South Carolina refuse to hire me because of my sexual orientation or gender identity? Can my current employer fire me or deny me a promotion on the basis of my sexual orientation or gender identity?

Title VII (Federal)

• While the Transgender community are not explicitly protected under federal or South Carolina law in the area of workplace non-discrimination, transgender employees protected under Title VII of the 1964 Civil Rights Act.
• In 2012, the Equal Employment Opportunity Commission (EEOC) declared unanimously that anti-trans bias was sex discrimination under Title VII.
• Title VII covers almost all of public and private-sector employees, as well as job applicants at companies with 15 or more employees.
• Additional Resource Regarding Title VII and the EEOC 
• If you think you have a discrimination claim, call the EEOC: 1-800-669-4000 For more details, check out Transgender Law Center’s step-by-step guide to filing an EEOC charge.

For Additional Information Regarding Non-Discrimination in the Workplace, Housing, and Public Accommodations please See South Carolina Equality’s Non-Discrimination Fact Sheet

Additional Lambda Legal Transgender Workplace Resource

What are my rights when it comes to public restroom access?

For an in-depth guide regarding the public restroom access, please see this Lambda Legal Restroom Access Resource

CLICK HERE FOR A COMPREHENSIVE LIST OF SOUTHEASTERN TRANS RESOURCES

The fear of discrimination and exclusion are not the only worries faced on a day-to-day basis by the LGBT community. Many LGBT individuals worry for their personal safety and lack the knowledge of what are the appropriate steps to take if they became a victim of violence. The truth is that crimes against LGBT people happen each day, leaving survivors unsure of what to do next. This fact sheet has been designed to outline the laws which may protect you and services which can assist you. Do you know your rights?

At the state and local-level, what resources are available to me, if I feel I have been the victim of hate-motivated? Are there any services available to me as an LGBT individual in the area of interpersonal domestic violence?

SCCADVASA Victim’s Assistance

• The South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA) is a statewide coalition made up of the 23 domestic violence and sexual assault advocacy programs in South Carolina. Since 1981, SCCADVASA has been a leader in representing the critical needs of survivors and their families.
• SCCADVASA is currently working SC Equality’s TransAction make these listed resources more Trans-inclusive.

Local-Level Protections & Resources

• Richland County – Victim’s Assistance 
  • Richland County Sheriff Department (Richland County residents only): Gay and Lesbian Liaison Officer (GLLO), this investigator serves as a point of contact for members of the gay, lesbian, bisexual and transgendered persons who are victims of crime.
  • “The Richland County Sheriff’s Department is dedicated to the principle that all persons in Richland County will be provided equal protection under the laws of this state, and the federal government as well as any ordinances set forth by the Richland County Council. It is the goal of our department to treat all victims of crime with compassion and respect, ensuring that their dignity is maintained and to promote healing of the suffering they may have endured. No victim of crime will be turned away for any reason or discriminated against based on sex, race, religion, social or economic status, sexual orientation, age, or mental or physical disability.”
  • Call (803) 576-3462 or visit: http://www.rcsd.net/inv/vicassistance.htm for the extensive list of resources provided by the Victim’s Assistance Unit
• LGBTQ Interpersonal Violence Task Force
  • The LGBTQ IVP Task Force, an initiative championed by the Harriet Hancock LGBT Center, “provides education, marketing, and a support group for the community to strengthen positive and healthy relationships within the LGBTQ community and provide services to members of the community who find themselves in need of direct services when experiencing interpersonal violence.” (website)
  • If you are interested in attending a support group with other survivors and learning how you can protect yourself from further violence, please call the 24 Hour Service Line, (803) 926-4948, for group information please contact IPVSupportGroup@LGBTCenterSC.org.