Greenwood, South Carolina, October 14, 2025
News Summary
South Carolina Attorney General Alan Wilson has stated that local hate crime ordinances, like the one being proposed in Greenwood, may be unconstitutional. His opinion highlights that municipalities lack the authority to create laws criminalizing actions not already illegal under state law. This advisory information raises concerns about the validity of existing local ordinances and emphasizes the need for state-level legislation to address hate crimes within the context of the South Carolina Constitution.
Greenwood, South Carolina – South Carolina Attorney General Alan Wilson has issued an advisory opinion indicating that local hate crime ordinances may be unconstitutional. This advisory was provided at the request of the city of Greenwood, which is contemplating a municipal hate crimes law similar to the one enacted in Cayce.
Wilson’s opinion points out that municipalities do not possess the authority to establish laws that criminalize actions not already deemed illegal by the state’s General Assembly. The Cayce law, for instance, prohibits intimidating individuals based on protected statuses, imposing penalties that include fines of up to $500 and/or 30 days in jail for offenders.
The Attorney General elaborates that while hate-related crimes undoubtedly exist, South Carolina lacks a state law specifically criminalizing intimidation based on characteristics such as race, religion, or creed. Wilson voiced concerns that courts might decide that local ordinances could be overridden by state law. He emphasized that only the General Assembly has the prerogative to institute criminal laws, which includes any potential hate crime legislation.
Furthermore, while acknowledging the concept of “home rule,” which empowers local governments to self-govern, Wilson stressed that local laws cannot declare conduct illegal when the General Assembly has not classified it as such. He condemned the actions of intimidating others based on hate as “repulsive” and reiterated that these local hate crime ordinances could run afoul of the South Carolina Constitution, which was designed to prevent a “patchwork” of criminal laws across different municipalities.
Existing local hate crime ordinances will remain valid unless legally challenged and potentially invalidated by a court. As it stands, South Carolina is one of only two states in the nation without a statewide hate crime law. This absence of legislation gained national attention following an incident in Horry County in 2023, where a cross was burned in front of the home of a Black couple, prompting several local governments to consider their own hate crime ordinances.
In addition to Greenwood, other cities including Myrtle Beach, Conway, Lake City, Florence, and Georgetown have already enacted their own hate crime ordinances. Despite the Attorney General’s advisory opinion not being legally binding, only a court can ultimately determine the legality of any hate crime ordinance.
Background Context
In South Carolina, the issue of hate crimes has been a topic of increased discussion and concern among local governments. The lack of a statewide hate crime law contrasts with ongoing local efforts to address the problem of intimidation and violence rooted in hate. Many municipalities are attempting to create their own regulations to fill gaps wherein state law is currently silent.
The South Carolina Constitution’s framing was influenced by a desire for uniformity in criminal law, aiming to stave off disparate legal landscapes across different cities. This legal framework has significant implications for the future of hate crime legislation in local municipalities.
Key Features of the Advisory Opinion
| Feature | Description |
|---|---|
| Legal status of local hate crime ordinances | May be unconstitutional as per the Attorney General’s opinion |
| Authority | Only the General Assembly can establish criminal laws |
| Existing ordinances | Remain in effect until legally challenged |
| Punishment under Cayce law | Fines up to $500 and/or 30 days in jail |
| Statewide hate crime law | South Carolina is one of two states without one |
| Recent incidents | Cross burning in Horry County spurred local legislative efforts |
FAQ
What did South Carolina Attorney General Alan Wilson issue an advisory opinion about?
Alan Wilson issued an advisory opinion suggesting that local hate crime ordinances could be deemed unconstitutional.
What is the status of municipalities in South Carolina regarding enacting laws?
Municipalities are not authorized to enact laws that criminalize actions not already made illegal by the state’s General Assembly.
What is the punishment under the Cayce hate crime law?
The Cayce law makes it illegal to intimidate individuals based on protected statuses and carries penalties of up to $500 in fines and/or 30 days in jail.
Why might local hate crime ordinances be challenged in court?
Wilson expressed concern that courts could conclude such local ordinances are overridden by state law.
What role does the General Assembly play in South Carolina for hate crime legislation?
Only the General Assembly holds the authority to establish criminal laws, including potential hate crime legislation.
What incident gained attention regarding hate crimes in South Carolina?
The lack of a statewide hate crime law gained significant attention after a cross was burned in front of the home of a Black couple in Horry County in 2023.
Deeper Dive: News & Info About This Topic
HERE Resources
South Carolina Attorney General Weighs In on Local Hate Crime Ordinances
Greenwood City Council Rejects Hate Intimidation Ordinance
Greenwood Residents Push for Hate Intimidation Ordinance
Additional Resources
- WMBF News
- WIS TV
- WSAV News
- The Guardian
- Wikipedia: Hate Crime
- Encyclopedia Britannica: Hate Crime
- Google News: Hate Crime South Carolina
Author: HERE Greenwood
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