Couple make history with first Beaufort County same-sex marriage license application
The result of a little paperwork and an hour wait made Michael Raye Lutz and Alayna Reynolds quite happy Thursday.
Wearing rainbow scarves and enormous grins, Lutz and Reynolds strolled arm-in-arm from the Beaufort County Courthouse shortly before 1 p.m., as the first same-sex couple to apply for a marriage license there.
Outside, they were greeted by boisterous applause, pink and white carnations, and about 20 friends and supporters from local Unitarian Universalist congregations. No protesters were present.
"It's surreal; words don't happen right now," Lutz laughed. "I'm trying to decide whether I want to cry or throw up."
The couple were the first of two same-sex pairs to apply for a marriage license Thursday with the county Probate Court, and they'll be able to pick up their licenses after the 24-hour waiting period ends Friday, according to Judge Kenneth Fulp Jr. The court began accepting the applications at noon, following a series of state and federal court decisions this week overturning the S.C. constitution's ban on same-sex marriage.
The office is now using new license applications crafted by the S.C. Department of Health and Environmental Control, which replace the form's "bride" and "groom" designations with two "applicant" designations, Fulp said. Applicants can then choose to be designated a bride or groom if they desire, so the form still accommodates all couples, Fulp said.
After several months of legal wrangling, Fulp said he's happy to see a definitive ruling on the issue, and that DHEC has been "magnificent" in helping local probate courts through the changes after swift court rulings.
Judges in Charleston and Richland counties immediately began issuing same-sex marriage licenses Wednesday. However, Fulp said he and many other judges decided to wait until noon Thursday, when a stay placed on a federal decision allowing same-sex marriage expired.
Fulp was the first to shake hands and congratulate Lutz and Reynolds when their application was processed Thursday.
"Everyone was so nice; it was wonderful," Lutz said.
Lutz, 28, was born a woman but identifies as a man. However, state law does not recognize Lutz's transgender identity, so the marriage is considered same-sex.
As a local leader of lesbian-gay-bisexual-transgender group on Hilton Head Island, Lutz also runs youth groups for transgender people and hopes to inspire greater inclusiveness for the LGBT community.
"I'm already out, and I think someone needed to be here to show there are LGBT people in the community," Lutz said.
Lutz and Reynolds haven't yet set a date for their ceremony; their families are spread throughout several states, and they want as many of them as possible to be able to attend. Reynolds already has conceded most of the planning to Lutz, though.
"Except for the food and cake, that's got to be on point," Reynolds teased.
"If anyone should have been the first (same-sex couple) to be married in Beaufort, it's them," added Lutz's friend Avery Whitkanack, who also is the couple's roommate.
On Thursday morning, seven of the U.S. Supreme Court's nine justices denied S.C. Attorney General Alan Wilson's appeal to extend a federal judge's stay on the decision to overturn the state's marriage ban. Wilson filed with the Supreme Court on Tuesday night after the federal 4th Circuit Court of Appeals also denied the request.
Wilson said in a statement following the Supreme Court's decision that there are still conflicting rulings by federal appeals courts on the issue of same-sex marriage. He referenced the 6th Circuit Court of Appeals in Ohio, which has ruled that states, not the federal government, have the right to set laws governing marriage.
"When the U.S. Supreme Court decides to consider the case, our office will be supporting the position of the 6th Circuit Court of Appeals, which is more consistent with South Carolina state law, which upholds the unique status of traditional marriage," Wilson said.
Follow reporter Zach Murdock at twitter.com/IPBG_Zach.
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This story was originally published November 20, 2014 at 9:39 AM with the headline "Couple make history with first Beaufort County same-sex marriage license application."