Can SC businesses turn away customers for being gay? Here’s what the law says

The South is not particularly well-known for its LGBTQ+ protections.

Gay, lesbian, bisexual, transgender, and other non-heterosexual people only make up 9% of the population in the U.S. However, there has been a surge in anti-gay sentiment and proposed discriminatory laws in recent years, especially in Southern states, according to the American Civil Liberties Union (ACLU).

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Some of the introduced bills target public accommodations, health care, and freedom of expression for gay individuals.

While certain legislators are trying to dwindle LGBTQ+ protections, there are still federal laws in place that make it nearly impossible for employers and landlords to discriminate against gay people.

Still, some states have fewer protections than others when it comes to discrimination based on sexual orientation. South Carolina is one of those states.

Here’s everything you should know about what’s allowed and not allowed in the Palmetto State:

What does SC state law say about LGBTQ+ protections?

Unlike other states, SC does not have any statewide protections for gay individuals.

Since gay people aren’t considered a protected class in the state, businesses can legally turn away customers based on sexual orientation if no city ordinance prevents this. For example, if a same-sex couple wanted to get married at a private venue, they could be rejected if the owner says their religious beliefs don’t align.

This happened recently in North Carolina, which also doesn’t have any statewide protections for gay people.

A few local municipalities, such as Columbia and Charleston, have passed ordinances that prohibit certain forms of discrimination within city limits, but they mostly apply to city government employees.

However, federal law states that gay individuals can’t be openly discriminated against in the workplace or by housing establishments.

Title VII of the 1964 Civil Rights Act prevents discrimination in the workplace with more than 15 employees based on sexual orientation and gender identity in every state. While many states have enacted additional employment protections for gay people, SC has not.

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The Fair Housing Act is another federal law that prohibits most landlords from discriminating based on sexual orientation. This applies to every state.

While most of the LGBTQ+ protections come from federal laws, SC legislators are attempting to enact anti-LGBTQ laws this legislative session. One bill has already been passed.

SC Bill 4756, also known as the Student Physical Privacy Act, is an anti-trans bill that has passed and been signed into law. The bathroom bill established state regulations that exclusively designate multi-occupant bathrooms and changing rooms in public schools and state universities for one biological sex.

That means transgender individuals can’t use the bathroom they want to use. You can see the full list of introduced and advancing anti-LGBTQ bills here.

How does SC compare to other states?

SC is a popular and ever-growing state, but it is also one of the least safe states for gay people, according to a report from SafeHome.

The group released a nationwide report card for each state based on laws protecting gay people and anti-LGBTQ+ hate crimes. SC got an F grade and ranked 46th in the country.

The Palmetto State also has a growing number of anti-LGBTQ bills being introduced this year.

ACLU tracks active anti-LGBTQ bills nationwide and is currently monitoring 528 bills for the 2026 legislative session. SC has had 26 bills introduced so far this year that target gay individuals. These bills include forced sexual outings in schools, drag show bans, and barriers to accurate IDs.

It may be the last straw for gay people living in SC. According to an earlier report from The State, 32% of LGBTQ+ individuals living in the South are planning on relocating to a more LGBTQ+ friendly place.

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