- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ No protections
- Discrimination
- Varies by Region
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- Varies by Region
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- 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 12 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
Banned
In 1996, South Carolina’s legislature passed a statute that stated, “A marriage between persons of the same sex is void ab initio and against the public policy of this State.”
In 2006, South Carolina voters passed Amendment 1, which was a constitutional amendment that limited marriage to heterosexual couples.
In 2006, South Carolina voters passed Amendment 1, which was a constitutional amendment that limited marriage to heterosexual couples.
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
Since 2005
Legal, but requires surgery
South Carolina has no specific statutes addressing legal gender change, it is done through the courts, which require proof of permanent medical treatment.
Gender-affirming care in South Carolina is restricted.
Current status
Since May 21, 2024
Restricted
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.
Additionally, Medicaid does not provide any GAC to any transgender individuals.
Transgender individuals may face forceful and harmful detransitioning when incarcerated in the state of South Carolina unless official treatment began before the incarceration.
Additionally, Medicaid does not provide any GAC to any transgender individuals.
Transgender individuals may face forceful and harmful detransitioning when incarcerated in the state of South Carolina unless official treatment began before the incarceration.
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
South Carolina does not legally recognize a third gender.
Hate crime protections in South Carolina is no protections.
Current status
No protections
South Carolina law does not provide hate crime protections on the basis of sexual orientation and gender identity.
LGBT discrimination in South Carolina is varies by region.
Current status
Varies by Region
There are no statewide legal protections however, select local municipalities have non-discrimination ordinances under varied context.
LGBT employment discrimination in South Carolina is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No statewide protections exist.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No protections exist at the state level.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No protections exist at the state level.
LGBT housing discrimination in South Carolina is varies by region.
Current status
Varies by Region
Charleston, Columbia, Mount Pleasant, and North Charleston provides local discrimination protections in housing on the basis of sexual orientation and gender identity. Otherwise, no statewide protections exist.
Additionally, HUD's 2012 Equal Access Rule prohibits discrimination on the basis of sexual orientation for housing programs, shelters and other HUD-funded providers.
Additionally, HUD's 2012 Equal Access Rule prohibits discrimination on the basis of sexual orientation for housing programs, shelters and other HUD-funded providers.
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 not banned.
Current status
Not banned
South Carolina's ban on GAC for minors specifically allows intersex infant surgery.
Serving openly in military in South Carolina is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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 under federal United States law
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) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in South Carolina is not banned.
Current status
Since Jun 24, 2025
Not banned
In June 2025, the Columbia City Council, following threats that the city would not receive state funding if its ban remained in place, voted 4-3 to repeal the ordinance. However, the repeal required a second reading, which took place on June 24th. The council once again voted 4-3, fully repealing the city’s ban on conversion therapy.
Varies by Region
In 2021, the city of Columbia, which is the capital city and second most populous city of South Carolina, approved a ban on conversion therapies being performed on minors. Before the ban was repealed in 2025, it was the only region to establish an ordinance against the practice of conversion therapy in the state of South Carolina. The ordinance, which was passed by a 4-3 vote, only applied to licensed therapists; it did not apply to religious institutions.
Equal age of consent in South Carolina is equal.
Current status
Since Jun 26, 2003
Equal
Age of consent laws are equitable, regardless of gender or orientation.
United States Equality Rank
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#46 Idaho59
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#47 Oklahoma59
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#48 Tennessee57
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#49 South Carolina56
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#50 Alabama55
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#51 Mississippi54
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#52 Arkansas52
#203
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