Common-law marriage may be on last legs in S.C.
Filed Under Caucus, Top News, Rankin, Martin
The Senate again is set to take up common-law marriage when it convenes today, and by some accounts, the centuries-old S.C. tradition is hanging on by a thread.
Sen. Luke Rankin, R-Horry, is on a three-week filibuster of a House-passed bill that, with Senate approval and the governor’s signature, would end recognition of marriages that are forged on intent, rather than a state license.
The measure has provisions that would give residents a grace period to legitimize their relationships via a state license, and also call for a state effort to educate the public that common-law marriages would no longer be recognized.
Despite the myths surrounding common-law marriages, only a judge can determine whether such a relationship actually exists.
“We have the votes to pass this,” said Sen. Larry Martin, R-Pickens, “if we can get him (Rankin) to sit down.”
Rankin, an attorney who has been unavailable this week for interviews on the issue, has said on the Senate floor he opposes abolishing the common-law marriage provision for several reasons, including his conclusion it would result in legal inequities for women.
The Senate tried and failed twice last week to end Rankin’s filibuster, mustering 20 of the 24 votes needed to end Rankin’s delays.
Martin, Rules Committee chairman, said he counts about 30 votes favoring passage of the bill to end common-law marriages.
South Carolina is one of only 10 states in the U.S. that still recognize common-law marriage.
Roddie Burris
The State Newspaper
3/19/2008
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