South Carolina H.5501: SC Equality Responds to the Threat to Marriage Equality

H.5501: What This South Carolina Resolution Does — and Why It Matters

FAQ: South Carolina H.5501 and Marriage Equality

What is H.5501?

H.5501 is a concurrent resolution introduced on April 2, 2026, by twelve South Carolina House Republicans. It calls on the U.S. Supreme Court to overturn Obergefell v. Hodges — the 2015 ruling that established marriage equality as a constitutional right — and to return marriage law to individual states to decide.

Is same-sex marriage still legal in South Carolina?

Yes. Same-sex marriage is currently legal in South Carolina and across the United States under Obergefell v. Hodges (2015). H.5501 does not change that. However, South Carolina's statutory ban on same-sex marriage was never repealed — it is still on the books and would reactivate if Obergefell were overturned by the Supreme Court.

Does H.5501 immediately affect my marriage?

No. As a concurrent resolution, H.5501 has no direct legal force and cannot immediately revoke any existing marriage. Its purpose is political: it formally signals that South Carolina's legislature supports a Supreme Court challenge to marriage equality. The danger is not immediate — it is part of a longer coordinated national campaign.

What is Obergefell v. Hodges?

Obergefell v. Hodges is the landmark 2015 U.S. Supreme Court decision that ruled same-sex couples have a constitutional right to marry under the Due Process and Equal Protection clauses of the 14th Amendment. The ruling made marriage equality the law of the land in all 50 states, including South Carolina.

Does the Respect for Marriage Act protect same-sex couples if Obergefell is overturned?

Partially. The Respect for Marriage Act (RMA), passed by Congress in 2022, requires the federal government and all states to recognize same-sex marriages that were legally performed. This means existing marriages would retain federal recognition. However, the RMA does not require states to issue new marriage licenses to same-sex couples. If Obergefell were overturned, South Carolina could legally stop issuing new licenses — leaving future couples without a legal path to marry in the state.

Who sponsored H.5501?

H.5501 was co-sponsored by twelve South Carolina House Republicans: Rep. Philip Bowers (Pickens), Rep. Stephen Frank (Greenville), Rep. Rob Harris (Spartanburg), Rep. Jeff Johnson (Horry), Rep. Jay Jordan (Florence), Rep. Steven Long (Spartanburg), Rep. Josiah Magnuson (Spartanburg), Rep. John McCravy III (Greenwood and Laurens), Rep. Melissa Lackey Oremus (Aiken), Rep. Jordan Pace (Berkeley), Rep. Mark Willis (Greenville and Laurens), and Rep. Richard Yow (Chesterfield, Darlington, and Lancaster). Every sponsor is eligible for re-election in 2026.

What is SC Equality's role in this fight?

SC Equality is South Carolina's longest-standing LGBTQ+ advocacy organization, founded in 2002. In 2014, SC Equality led the legal team and coalition that won marriage equality in South Carolina — seven months before the Supreme Court's Obergefell ruling made it federal law. That case, Condon v. Haley, was brought on behalf of plaintiffs Colleen Condon and Nicholes Bleckley. SC Equality is monitoring H.5501 through the legislative session, mobilizing its statewide network, and holding the bill's sponsors accountable.

What can I do about H.5501?

Contact your South Carolina state House representative and let them know you oppose H.5501. Donate to SC Equality to fund the advocacy and coalition work at the State House. Sign up for SC Equality's network to stay informed as the bill moves through committee. The regular legislative session ends May 14, 2026.

Has South Carolina tried to restrict marriage equality before?

Yes. South Carolina passed a statutory ban on same-sex marriage in 1996 and added a constitutional amendment in 2006. SC Equality challenged that ban in federal court in 2014, winning the case Condon v. Haley before U.S. District Judge Richard Mark Gergel. Same-sex couples began marrying in South Carolina on November 20, 2014 — more than seven months before Obergefell. The 1996 statutory ban was never formally repealed and remains in state law today.

Is H.5501 part of a national campaign?

Yes. A coalition of national conservative organizations — including the Family Research Council, Focus on the Family, and the American Family Association — has been actively working to build legal and political pressure for a Supreme Court challenge to Obergefell. H.5501 is South Carolina's legislature signaling its alignment with that effort. Similar resolutions have been introduced in other states.