Greenwood, South Carolina, October 14, 2025
News Summary
The South Carolina Attorney General’s Office has issued an opinion questioning the legality of local hate crime ordinances, indicating they could be challenged in court. Currently, South Carolina lacks a statewide hate crime law, prompting cities like Myrtle Beach and Florence to enact their own regulations. The opinion raises constitutional concerns, suggesting that local laws may conflict with state law. Proposed penalties for violations under these ordinances include fines of up to $500 and/or jail time. Local governments now face uncertainty as they navigate potential legal challenges to their efforts against hate crimes.
Greenwood, South Carolina – The South Carolina Attorney General’s Office has issued an opinion that raises questions about the validity of local hate crime ordinances following a request from the city of Greenwood. This opinion suggests that these ordinances may be vulnerable to being invalidated by the courts, which has sparked concern among various municipalities in the state.
South Carolina currently stands out as one of only two states without a statewide hate crime law. Despite this, numerous local governments, including cities like Myrtle Beach, Conway, Lake City, Florence, and Georgetown, have taken action by enacting their own hate crime ordinances aimed at combating various forms of hate and intimidation.
The opinion, authored by Solicitor General Bob Cook, indicated that the South Carolina General Assembly has not passed a statewide law addressing hate crimes, raising constitutional concerns for the legality of local ordinances. It noted that the state constitution mandates uniformity in criminal law, stipulating that municipalities cannot create laws that criminalize actions not considered illegal at the state level.
While the local hate crime ordinances are viewed as valid under current circumstances, they remain subject to potential legal challenges. According to the Attorney General’s opinion, only the courts will ultimately decide on the legality of such local statutes. The opinion also referenced previous rulings that could impact the enforcement of these laws, emphasizing First Amendment concerns that may arise when addressing local hate crimes.
The Attorney General’s statement also underscored that although hatred and intimidation are socially unacceptable, legal standards must align with the existing state constitution and laws. In light of this advisory, municipalities still have the authority to condemn hate, despite the looming possibility that their ordinances could be deemed unconstitutional in court.
Recent events have highlighted the urgency for a more robust legal framework surrounding hate crimes in South Carolina. In 2023, there was a disturbing incident in Horry County where a cross was set ablaze near a Black couple’s home, which has drawn attention to the absence of a comprehensive statewide hate crime law.
Some cities are considering new ordinances. Proposed penalties under these local laws could include fines of up to $500 and/or a sentence of 30 days in jail for acts of hate-based intimidation. The Attorney General, Alan Wilson, expressed support for local governance, or “home rule,” while reiterating that the state legislature maintains exclusive authority for establishing criminal laws.
However, the current local hate crime ordinances will continue to remain in effect until the courts determine otherwise. As this situation evolves, local governments and communities are left to navigate the uncertain legal landscape that surrounds hate crime legislation in South Carolina.
Frequently Asked Questions (FAQ)
What is the recent opinion issued by the South Carolina Attorney General’s Office?
The South Carolina Attorney General’s Office issued an opinion suggesting that local hate crime ordinances could be invalidated by the courts, raising concerns regarding their legality.
Why does South Carolina have local hate crime ordinances?
Many local governments in South Carolina have passed their own hate crime ordinances since the state is currently one of only two states without a statewide hate crime law.
What does the Attorney General’s opinion say about local ordinances?
The opinion stated that the General Assembly has not enacted a statewide law on hate crimes, which raises constitutional concerns for local ordinances.
What do recent incidents highlight regarding hate crime laws?
Recent incidents, such as a cross being burned near a Black couple’s home in Horry County in 2023, have spotlighted the lack of a statewide hate crime law.
What are the potential penalties outlined in newly proposed local ordinances?
Newly proposed ordinances would impose penalties such as fines up to $500 and/or 30 days in jail for hate-based intimidation.
Key Features of Hate Crime Ordinances in South Carolina
| Feature | Details |
|---|---|
| Current Status | Local hate crime ordinances are likely vulnerable to court challenges. |
| Statewide Law | South Carolina is one of only two states without a statewide hate crime law. |
| Local Ordinances | Cities have enacted their own ordinances to combat hate and intimidation. |
| Future Implications | Local laws are valid until challenged in court. |
| Proposed Penalties | Fines up to $500 and/or 30 days in jail for hate-based intimidation. |
Deeper Dive: News & Info About This Topic
HERE Resources
Greenwood Residents Push for Hate Intimidation Ordinance
Leadership Change in Columbia’s U.S. Attorney’s Office
Adair F. Boroughs Terminated as U.S. Attorney in South Carolina
Change in U.S. Attorney Leadership in Columbia, SC
Additional Resources
- Fox Carolina: SC Attorney General’s Office Gives Opinion on Hate Crime Ordinances
- Wikipedia: Hate Crime
- WMBF News: SC AG’s Office Gives Opinion on Local Hate Crime Ordinances
- Google Search: South Carolina Hate Crime Law
- WTOC: Hate Crimes Laws Off-Limits for Municipal Governments in SC
- Encyclopedia Britannica: Crime
- WISTV: SC AG Says Local Hate Crime Ordinances Could Be Struck Down
- Google News: South Carolina Hate Crime Ordinances
Author: HERE Greenwood
The GREENWOOD STAFF WRITER represents the experienced team at HEREGreenwood.com, your go-to source for actionable local news and information in Greenwood, Greenwood County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Festival of Flowers, Greenwood Community Theatre performances, and agricultural showcases at the Greenwood County Fairgrounds. Our coverage extends to key organizations like the Greenwood Chamber of Commerce and the Greater Greenwood United Ministry, plus leading businesses in manufacturing and healthcare that power the local economy such as FujiFilm Manufacturing and Self Regional Healthcare. As part of the broader HERE network, including HERECharleston.com, HEREColumbia.com, HEREGreenville.com, and HEREHiltonHead.com, we provide comprehensive, credible insights into South Carolina's dynamic landscape.
