SC Rep. Bill Chumley and the Lesser Magistrate Doctrine


South Carolina Rep. Bill Chumley, who has read Matt Trewhella’s book on the duty of the lower magistrates and promotes its thinking, is taking action to apply the doctrine.

In a bill prefiled in the South Carolina State House on December 3, 2015 Rep. Bill Chumley and Rep. Mike Burns aim to disqualify any judge from office who issues a same-sex marriage license, under the legislature’s authority to do so vested in Article 5, Section 19 of the SC State Constitution, and to suspend the pay of any other state official (for example, a clerk of court) who issues a same-sex marriage license.

Such an action would put needed enforcement power behind the state constitutional amendment on marriage that passed in 2006 with 78% of the vote. This provision states, “A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State.”

Read the entire article: Lower Magistrate Pushes for Application of the Doctrine

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