in their official capacitie s as the Governor and Attorney General

o f

South Carolina, assert that matters related t o marital status are reserved exclusively to the stat es. (Dkt. No. 29 at 11-29; Dkt. No. 33-1 at 8- 26) .2 These two defendants further argue that the Fourth Circ uit 's recent decisi on in

Bostic

is wrongly decided because that court improperly disregarde d the controlling law

o f

Baker

v

Nelson

291 Minn. 310 (1971),

summarily dismissed

409 U.S. 810 (1972), and the Fourth Circu it's o wn precedent in findi ng that the Due Process Clause

o f

the Fourteenth Amendment created a fundamental right

o f

same sex couples to ma rry. (Dkt. No.

29

at 5-11; Dkt. No. 33- 1 a t 2-8; Dkt. No. 34 at 2-3). Defend ant Condon, who began accepting same sex marriage applications

on

October 8, 2014, in compliance with

Bostic

presently takes no position regarding the merits

ofthe

Plaintif fs' claims for relief. (Dkt. No.

35

at 6). Plaintiffs have

now

moved for summary judgme nt and seek declaratory and injunctive relief. (Dkt. No. 13). Defendan ts Haley and Wilson oppose that motion. As further set forth below, the Court finds that

Bostic

provides clear and controlling legal authority in this Circuit and that Plaintiffs are entitled t o judgmen t as a matter

o f

law.

egal Standard

A party seeking summary judgment bears the burden

o f

showing that there i s no genui ne dispute as to any material fact and the movant is entitled to judgment as a matter

o f

law. Fed.

R

Civ. P. 56(a);

Celotex Cor p.

v

Catrett

477

U.s. 317 322

(1986). All facts and inferences from those facts must be viewed in a light most favorable to the non-moving party.

Shealy

v

Winston

2 Defendants Wilson and Haley incorporated into their memorandum in opposition to Plaintiffs' motion for summary judgme nt (Dkt . No. 34) their bri efs in support

oftheir

motion to dismiss (Dkt. No. 33-1) and in opposition to Plaintiffs' motion for a preliminary injunction. (Dkt. No. 29). Therefo re, the Court has conside red and cite d to Defendants H aley and Wilson 's other memoranda in passing upon Plaintiffs' motion for summary judgment.

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