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Swicegood v. Thompson

847 S.E.2d 104 (2020)

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Swicegood v. Thompson

South Carolina Court of Appeals
847 S.E.2d 104 (2020)

DD

Facts

Cathy Swicegood (plaintiff) and Polly Thompson (defendant) were in a same-sex couple and lived in South Carolina. After the relationship ended in 2014, Swicegood filed a petition for dissolution of marriage. Although Swicegood contended that she and Thompson had formed a common-law marriage during their relationship, a South Carolina law prohibiting same-sex couples from forming common-law marriages was in place throughout the couple’s entire relationship. The family court dismissed Swicegood’s petition, and Swicegood appealed. While Swicegood’s appeal was pending, the United States Supreme Court issued its decision in Obergefell v. Hodges, which established a constitutional right to same-sex marriage. Thus, in 2015, Obergefell deemed that South Carolina’s prohibition against common-law marriages between same-sex partners was unconstitutional. The court of appeals remanded the case to the family court. The family court held that because Obergefell was decided after Swicegood and Thompson’s relationship had ended, the couple did not form a common-law marriage. Swicegood appealed.

Rule of Law

Issue

Holding and Reasoning (Lockemy, C.J.)

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