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.

Despite numerous attempts over the past decade by state lawmakers to pass hate crime legislation, no proposals have successfully navigated the complete legislative process. South Carolina remains one of only two states in the U.S. without such a law.

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 power to define and penalize hate crimes rests solely with the state’s General Assembly. This means that any local attempts to enforce hate crime ordinances with criminal penalties would not be legally sustainable.

However, Wilson’s opinion also noted that while local governments cannot create criminal charges beyond state law, they do have the option to implement civil ordinances and issue fines, even if the behavior in question is not deemed a criminal offense by the state.

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: