SC: Couple can’t bring same-sex federal lawsuit

BRUCE SMITH
Associated Press

CHARLESTON, S.C. (AP) — South Carolina Attorney General Alan Wilson is asking a federal judge to dismiss a lawsuit brought by a couple seeking recognition of their same-sex marriage performed out of state.

In a motion filed late Thursday, Wilson said because the case involves people’s marital status, it is an issue for the state, not federal courts.

He also argued that South Carolina, which bans same-sex marriage, is not required to recognize such a marriage performed in the District of Columbia. The motion said that Wilson and Gov. Nikki Haley are improperly named as defendants because they have no specific enforcement authority regarding the state’s same-sex marriage provisions.

The lawsuit brought by a couple who now live in South Carolina but had their same-sex marriage in Washington, D.C.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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