AG Wilson: Hate crime ordinances must align with South Carolina law

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 is one of two states that lacks a statewide hate crime law. For more than a decade, state lawmakers have introduced various bills to implement hate crime legislation, but none have successfully advanced through the full legislative process.

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.

But under South Carolina law, Wilson said that only the General Assembly has the power to define hate crime laws and then set penalties for them. In other words, any attempt by local governments to impose criminal penalties through hate crime ordinances wouldn’t stand up in court.

Additionally, the opinion said that while local governments cannot impose criminal charges beyond state law, they may enact civil ordinances and impose fines, even if the conduct is not classified as 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: