Lyn Riddle

lnriddle@greenvillenews.com

Another lawsuit has been filed against the South Carolina Department of Motor Vehicles by people who were denied drivers licenses because they married someone of the same sex.

The lawsuit was filed Friday in U.S. District Court in Greenville. It brings to four the number of lawsuits challenging the state's ban on gay marriage. Two others are in federal court in Columbia, the fourth in federal court in Charleston.

"The cases just keep piling up," said Malissa Burnette, one of the attorneys representing the plaintiffs in the Greenville DMV case and in the Charleston case.

In the lawsuit filed Friday, two women and a man claim their constitutional rights are being violated because they cannot get a license. Judith Haas of Greenville was married in Massachusetts last year and was denied a license at the Fountain Inn DMV after presenting a Social Security card with her new name and her marriage license.

Brandon Velez, married in New York earlier this year, was issued a license at the West Ashley DMV near Charleston but was called a few hours later and told to return the license or his driving privileges would be revoked, the lawsuit states.

Damari Indart of Greenwood was married in 2009 in Connecticut. At the time she and her wife were living in Florida, where she was issued a driver's license in her married name. When she moved to South Carolina in 2013, she sought to get a license but was denied by offices in Fountain Inn, Greenville and Greenwood, the lawsuit states.

She presented her Social Security card, Florida license and marriage certificate. Frustrated, she asked for her name on her Social Security card to be changed back but was told that could only happen through divorce or court order.

Burnette said, "This is completely punitive and nonsensical."

In all the cases pending, the attorneys are basing their claims on a ruling by the 4th Circuit Court of Appeals earlier this year that found marriage was a fundamental right and banning marriage between members of the same sex violated the U.S. Constitution.

The 4th Circuit includes South Carolina. All the other states in the 4th Circuit now allow same-sex marriage.

The other cases pending in South Carolina are:

Julie McEldowney, married in Washington, D.C., earlier this year, sought a driver's license and was denied.

Katherine Bradacs and Tracie Goodwin, a Lexington couple who also were married in Washington, D.C., are seeking to have their marriage recognized by South Carolina.

Judge Michelle Childs in Columbia has been assigned both of those cases.

Colleen Condon and Nichols Bleckley applied for a marriage license, but could not get it because the South Carolina Supreme Court told probate judges around the state not to issue licenses until the Bradacs case was resolved.

The state's response to Condon's request for a preliminary injunction is due on Monday and her attorneys have until noon on Wednesday to respond to the response. Granting a preliminary injunction would allow probate judges to begin issuing the licenses, but the state could seek a stay from the 4th circuit. U.S. District Judge Richard Mark Gergel in Charleston is handling that case.

The Greenville case also has been assigned to Childs.

Asked whether the attorneys were spreading the cases around to see what judge would rule, Burnette said, "I don't think it's an accident."

South Carolina's marriage law was amended in 1996 to prohibit marriage between same-sex couples. In 2007, voters overwhelmingly approved adding the ban to the state constitution.

In all, 32 states and the District of Columbia have legalized same-sex marriage.

Gov. Nikki Haley and Attorney General Alan Wilson have said they will defend the marriage ban until there is a clear ruling from the federal court.