SC same-sex marriage: Judge Sets Oct. 23 Deadline for Briefs

COLUMBIA, SC — A federal judge is undecided on whether to hear arguments in person from attorneys representing S.C. Gov. Nikki Haley and Attorney General Alan Wilson as well as lawyers representing a married Lexington County same sex couple.

Judge Michelle Childs said Tuesday she will decide later, most likely in November, whether she will hear oral arguments in the ongoing same sex marriage case that will determine whether bans on same sex marriage in existing South Carolina law and the state constitution will be overturned.

Childs made her statement in a written order filed Tuesday morning in the case in U.S. District Court in Columbia.

In the order, Childs set forth the schedule for opposing attorneys in the case to file written briefs and responses.

All written briefs from each side must be submitted to her by Oct. 23, she wrote. Childs gave the parties an additional 21 days to file replies.

“If the court decides to have a hearing, it will be scheduled no earlier than 14 days after the filing or replies,” Childs wrote.

Ready to get started?

Meet Carrie Warner

warner law firm

Our Latest Blog and Insights

What the Scherba Decision Means for Your South Carolina Divorce Case

Recently, we had a successful appeal come from the South Carolina Court of Appeals involving alimony. It also discussed stock-based compensation and how it is to be treated in divorce cases. In Scherba v. Scherba, (Opinion No. 6128, filed March 18, 2026), the Court of Appeals reviewed a divorce involving a husband who had worked […]

When States Compete Over Your Child: Breaking Down Shoemaker v. Thacher

Sometimes a case comes along that we believe every parent should understand, even if it never makes the evening news. Allison Shoemaker v. Zachary Thacher is one of those cases. It is a favorable opinion we received from the South Carolina Court of Appeals that shines a bright light on interstate custody disputes between parents. […]

Trusts in South Carolina Divorce: Are Trust Assets Divided?

When high-asset marriages end, the division of property often involves complex financial instruments, with trusts being among the most contested. A common misconception is that placing assets into a trust automatically shields them from the family court’s reach. In South Carolina, the reality of equitable distribution is far more nuanced. Family court judges do not […]

Find Exceptional Counsel

Clarity begins with a conversation…let’s talk.

Get Started Today

Get in Touch

By submitting this form, you acknowledge that doing so does not create an attorney-client relationship, and that the information you provide is not confidential or privileged until an attorney-client relationship is established in writing — please do not include highly sensitive details. You also consent to be contacted by phone, email, or text about your inquiry. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.