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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Recent surveys in South Carolina indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.

Perception of LGBTQ+ People

Survey results from 6 LGBTQ+ Equaldex users who lived in or visited South Carolina.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in South Carolina

?

Homosexual activity in South Carolina is legal.

Current status
Since Jun 26, 2003
Legal
Lawrence v. Texas (2003)
Sources:
Lawrence v. Texas, 539 U.S. 558 (2003)
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Until 1873
Illegal (death penalty as punishment)
South Carolina was the last state to repeal the usage of capital punishment for homosexuality.
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Same-sex marriage in South Carolina

?

Same-sex marriage in South Carolina is legal.

Current status
Since Nov 20, 2014
Legal
Supreme Court allowed same sex marriage to commence
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Censorship of LGBT issues in South Carolina

?

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.
Mar 11, 2020–Jun 25, 2024
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.
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1988–Mar 11, 2020
State-enforced
An archaic 1988 law "banning homosexual or gay topics within school classrooms" was made.
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Until 1988
No censorship
In South Carolina, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in South Carolina

?

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

?

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.
Sources:
muschealth.org/medical-serv…
plannedparenthood.org/healt…
usnews.com/news/us/articles…~:text=May%201%2C%202024%2C%20at%205%3A16%20p.m.&text=Photo%2FJeffrey%20Collins)-,COLUMBIA%2C%20S.C.,avoided%20social%20hot-button%20issues.
scstatehouse.gov/sess125_20…
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Legal recognition of non-binary gender in South Carolina

?

Legal recognition of non-binary gender in South Carolina is not legally recognized.

Current status
Not legally recognized
Not currently recognized.
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LGBT discrimination in South Carolina

?

LGBT discrimination in South Carolina is no protections.

Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
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Aug 10, 2016–Jul 25, 2018
Illegal in some contexts
under City discrimination protections.
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LGBT employment discrimination in South Carolina

?

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.
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Feb 2, 2018–Jul 25, 2018
Ambiguous
In four cities.
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Dec 16, 2014–Feb 2, 2018
No protections
As of December 16, 2014, there are no legal protections for people who are LGBT in regards to employment.
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LGBT housing discrimination in South Carolina

?

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)."
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Same-sex adoption in South Carolina

?

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.
Until Jun 26, 2017
Ambiguous
Single-parent and joint adoptions are permitted by statute. Second-parent adoption varies by judge and county.
Sources:
www.lambdalegal.org/states-region/south-carolina
SC Laws §20-7-1680
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Intersex infant surgery in South Carolina

?

Intersex infant surgery in South Carolina is unknown.

Current status
Unknown

Serving openly in military in South Carolina

?

Serving openly in military in South Carolina is legal.

Current status
Since Jan 25, 2020
Legal
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
Jul 26, 2017–Jan 25, 2020
Lesbians, gays, bisexuals permitted, transgender people banned
Former President Trump said in a slew of tweets in 2017, that he would ban transgender people from serving in the military. He then talked with the Chiefs of Staff, making it full ban for transgender people. Policy stated, if transgender people were in the military already, they could serve under a gender dysphoria diagnoses.
Sources:
aclu.org/news/lgbtq-rights/…
americanoversight.org/docum…
documentcloud.org/documents… *Documents of the emails that the service members asking about the ban, then confirming it with the WH*
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Sep 20, 2011–Jul 26, 2017
Legal
In 2011, Don't Ask Don't Tell was repelled under the Obama Administration 6 years later a new executive order was introduced. Former President Obama allowed members dishonorably discharged under DADT, to receive a honorable discharge.
Feb 1, 1994–Sep 20, 2011
Don't Ask, Don't Tell
Former President Bill Clinton signed Don't Ask Don't Tell in 1993, removing the ability for LGBTQ people to serve. Some members were dishonorably discharged due to it.
Sources:
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
history.com/news/dont-ask-d…
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Blood donations by MSMs in South Carolina

?

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.
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Apr 2, 2020–May 11, 2023
Banned (less than 6-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
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Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
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1983–Dec 21, 2015
Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
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Conversion therapy in South Carolina

?

Conversion therapy in South Carolina is not banned.

Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Sep 7, 2016–Jul 16, 2018
Not banned
Not criminalized in this state.

Equal age of consent in South Carolina

?

Equal age of consent in South Carolina is equal.

Current status
Equal
Age of consent laws are equitable, regardless of gender or orientation.
Sources:
South Carolina State Law:
SECTION 16-3-651
SECTION 16-3-655
SECTION 16-15-140
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