- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in South Carolina indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 9 LGBTQ+ Equaldex users who lived in or visited South Carolina.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Same-sex marriage in South Carolina is legal.
Current status
Since Nov 20, 2014
Legal
Supreme Court allowed same sex marriage to commence
Censorship of LGBT issues in South Carolina is state-enforced.
Current status
Since Jun 25, 2024
State-enforced
Regulation 43-170 received automatic approval on Tuesday as lawmakers did not bring the regulation to a vote in the past session. The new guidelines prohibit materials containing any "descriptions or visual depictions of sexual conduct" from being allowed in South Carolina's schools. Although this does not seem like a bad thing, the regulations provided are very vague and will most likely lead to the banning of a number of books that are age-appropriate and should be allowed for children to read.
No censorship
The U.S. District Court for the District of South Carolina entered a consent decree that declares South Carolina’s 1988 discriminatory anti-LGBTQ curriculum law unconstitutional and bars its enforcement.
State-enforced
An archaic 1988 law "banning homosexual or gay topics within school classrooms" was made.
Until 1988
No censorship
In South Carolina, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in South Carolina is legal, but requires surgery.
Current status
Legal, but requires surgery
Requires surgery to change gender on drivers licenses. Changes pending. Missing non binary options on documents.
Gender-affirming care in South Carolina is legal, but banned for minors.
Current status
Since May 21, 2024
Legal, but banned for minors
South Carolina's governor signed legislation that bans gender-affirming care treatments and procedures for those under 18. The legislation takes effect immediately. The bill that he signed was HB4624.
Until May 21, 2024
Legal
Adults and Minors are able to still get gender affirming care as of 2024, HB4624, going through South Carolina that will ban gender affirming care for minors. This will also ban insurances for giving gender affirming care to those who are under 26. Doctors and other health professionals will be removed of their license to practice if found doing so under HB4624.
Legal recognition of non-binary gender in South Carolina is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT employment discrimination in South Carolina is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
LGBT housing discrimination in South Carolina is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in South Carolina is legal.
Current status
Since Jun 26, 2017
Legal
Any single adult can adopt, regardless of being LGBT. There is however no protections in place for discrimination on the basis of sexual orientation or gender identity.
Couples must be married to adopt jointly or for second parent adoption.
Couples must be married to adopt jointly or for second parent adoption.
Until Jun 26, 2017
Ambiguous
Single-parent and joint adoptions are permitted by statute. Second-parent adoption varies by judge and county.
Intersex infant surgery in South Carolina is unknown.
Current status
Unknown
Serving openly in military in South Carolina is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in South Carolina is legal.
Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Equal age of consent in South Carolina is equal.
Current status
Equal
Age of consent laws are equitable, regardless of gender or orientation.
United States Equality Rank
- #45 Texas61
- #46 Idaho60
- #47 Louisiana59
-
#48 South Carolina59
- #49 Arkansas57
- #50 Mississippi57
- #51 Alabama57
#203
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