COLUMBIA, S.C. (WSPA) – South Carolina Attorney General Alan Wilson issued a legal opinion Monday, clarifying that municipalities in the state do not have the authority to create their own hate crime law that exceeds what state law allows, which in South Carolina’s case, is nothing at all.
South Carolina stands as one of only two states without comprehensive hate crime legislation. Despite numerous attempts over the past decade, state legislators have consistently been unable to pass bills aimed at establishing such laws.
In the opinion, Wilson’s office addressed a trend of local governments trying to pass hate crime ordinances — laws aimed at enhancing penalties for crimes motivated by bias — whether it’s based on race, religion, gender identity, sexual orientation, or other factors.
According to Wilson, the authority to define hate crimes and determine associated penalties is reserved exclusively for the General Assembly. As a result, any local attempts to enforce criminal penalties through hate crime ordinances would not hold up legally.
Furthermore, the opinion clarified that while municipalities cannot levy criminal charges beyond state provisions, they are permitted to enact civil ordinances and impose fines, even if the behavior in question is not deemed a criminal offense at the state level.
Many municipalities have recently tried to pass criminal ordinances, but Wilson’s opinion draws a firm legal line: in South Carolina, the power to define and punish hate crimes rests solely with the state legislature.
For this to change, the General Assembly would have to pass a hate crime law, but for now, local actions are unconstitutional under state law.
The opinion can be read in its entirety below:
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