South Carolina, October 14, 2025
News Summary
South Carolina Attorney General Alan Wilson has issued a legal opinion warning that local hate crime ordinances may face challenges in the state Supreme Court. This advisory follows a request from Greenwood, which is considering adopting similar measures to Cayce’s 2024 ordinance targeting intimidation based on various characteristics. Wilson emphasizes that only the General Assembly can enact such laws, leaving existing local ordinances vulnerable to potential constitutional scrutiny. The opinion raises concerns about the legal authority of local governments in addressing hate crimes amidst a growing public discourse on the matter.
Columbia, South Carolina – South Carolina Attorney General Alan Wilson has issued a significant legal opinion stating that local hate crime ordinances could face challenges in the state Supreme Court. This advisory was prompted by a request from the city of Greenwood, which is exploring the adoption of such an ordinance similar to one enacted in Cayce in 2024.
The Cayce hate crime ordinance specifically targets intimidation based on various characteristics, including gender, sexual orientation, race, or religion. Offenses under this ordinance could incur penalties of up to $500 in fines and/or a jail sentence of 30 days.
Wilson’s analysis highlights that while municipal laws are generally recognized as valid unless invalidated by a court, local hate crime ordinances might infringe upon First Amendment rights. This raises concerns that these laws could be overturned due to the “uniformity article” found in the South Carolina Constitution, which prevents municipalities from enacting laws that criminalize actions that are legal elsewhere in the state.
The Attorney General pointed out that the power to create criminal laws, including those addressing hate crimes, rests solely with the General Assembly. South Carolina currently does not have a statewide hate crime law, making the constitutionality of local ordinances increasingly problematic. Several regions in the Midlands, including Richland County, Irmo, and Orangeburg County, have recently established hate intimidation ordinances, which may now be at risk.
The opinion from Wilson serves as an advisory note, emphasizing the constitutional concerns that local laws may encounter in judicial proceedings. Discussions surrounding the necessity of hate crime laws in South Carolina have gained momentum, particularly in light of past incidents, such as a cross burning in Horry County targeting a Black couple in 2023.
As it stands, South Carolina is one of only two states without a statewide hate crime law. Attorney General Wilson’s conclusion underscores that despite the pressing issues related to hatred, local governments are not legally empowered to address these concerns independently without appropriate state law in place. Any existing local ordinances will remain effective until a court rules otherwise.
Background of Hate Crime Legislation in South Carolina
Over the years, there has been a growing public discourse about the need for enhanced hate crime legislation in South Carolina. Advocates argue that the absence of a statewide framework has left communities vulnerable to biased acts of violence and discrimination. The recent opinion from the Attorney General adds another layer of complexity to an already contentious topic.
Local vs State Authority
Attorney General Alan Wilson has reinforced that only the state legislature has the authority to enact criminal laws regarding hate crimes. This delineation is crucial as local ordinances could inadvertently create legal inconsistencies across the state if deemed unconstitutional. Recent regional ordinances put forth a challenge to this assertion, highlighting the potential conflicts between local and state governance.
Conclusion and Future Implications
As communities continue to grapple with the implications of hate crime legislation, the opinion from Attorney General Wilson serves as a reminder of the legal confines within which local leaders must operate. The move towards establishing a statewide hate crime law remains imperative in ensuring uniformity and comprehensive protection against hate and discrimination across South Carolina.
FAQ Section
- What has South Carolina Attorney General Alan Wilson stated regarding local hate crime ordinances? Wilson issued an opinion that local hate crime ordinances could potentially be struck down by the state Supreme Court.
- Why did he release this opinion? The opinion was released following a request from the city of Greenwood, which is considering a hate crime ordinance similar to one passed in Cayce in 2024.
- What does the Cayce hate crime ordinance criminalize? The Cayce hate crime ordinance criminalizes intimidation based on gender, sexual orientation, race, or religion.
- What are the potential penalties under the Cayce ordinance? Violations of the Cayce ordinance could result in a fine of up to $500 and/or 30 days in jail.
- What does the uniformity article in the South Carolina Constitution state? The uniformity article prohibits municipalities from creating laws that criminalize actions deemed legal in other areas of the state.
- What communities in South Carolina have enacted hate intimidation ordinances recently? Several regions in the Midlands, including Richland County, Irmo, and Orangeburg County, have recently enacted hate intimidation ordinances.
- Why is it significant that South Carolina has no statewide hate crime law? South Carolina currently lacks a statewide hate crime law, raising constitutional concerns regarding local ordinances.
- What is the outcome of this opinion? Any existing local ordinances will remain in effect unless a court rules otherwise.
Key Features of Local Hate Crime Ordinances
| Feature | Description |
|---|---|
| Authority | Only the General Assembly can enact criminal laws regarding hate crimes in South Carolina. |
| Current State | South Carolina is one of two states without a statewide hate crime law. |
| Potential Consequences | Local ordinances may be struck down by the state Supreme Court due to constitutional concerns. |
| Community Response | Public discussions highlight the pressing need for better hate crime protections amid rising incidents. |
| Status of Existing Ordinances | Current local ordinances remain effective unless overturned in court. |
Deeper Dive: News & Info About This Topic
HERE Resources
Additional Resources
- WMBF News
- WIS TV
- WSAV
- Live 5 News
- WRDW
- Wikipedia: Hate Crime
- Google Search: Hate Crime Legislation South Carolina
- Google Scholar: Hate Crime Laws South Carolina
- Encyclopedia Britannica: Hate Crime
- Google News: Hate Crime Ordinances South Carolina
Author: HERE Greenwood
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