Eden Rogers and Brandy Welch were turned away by a government-funded foster care agency for failing to meet the agency’s religious criteria which exclude prospective foster parents who are not evangelical Protestant Christian or who are same-sex couples of any faith.

This case is part of a nationwide fight against criminalization of poverty and, specifically, debtors’ prisons. On June 1, 2017, the ACLU’s Racial Justice Program, the ACLU of South Carolina, and Terrell Marshall Law Group PLLC filed a federal lawsuit challenging the illegal arrest and incarceration of indigent people in Lexington County, South Carolina, for failure to pay fines and fees, without determining willfulness or providing assistance to counsel. Those targeted by this long-standing practice could avoid jail only if they paid the entire amount of outstanding court fines and fees up front and in full. Indigent people who were unable to pay were incarcerated for weeks to months without ever seeing a judge, having a court hearing, or receiving help from a lawyer. The result was one of the most draconian debtors’ prisons uncovered by the ACLU since 2010.

The American Civil Liberties Union filed a federal lawsuit challenging South Carolina’s “disturbing schools” and “disorderly conduct” laws. The laws allowed students in school to be criminally charged for normal adolescent behaviors including loitering, cursing, or undefined “obnoxious” actions on school grounds and encouraged discriminatory enforcement against Black students and students with disabilities. The Fourth Circuit Court of Appeals affirmed the district court ruling that enforcing these laws against students was unconstitutional, affirming that subjecting students to criminal penalties under such vague rules interferes with their education and their future, and produces stark racial disparities. This decision should be instructive to the many school districts across the country where students continue to be charged with ‘disorderly conduct’ and similar vague crimes.

The American Civil Liberties Union, ACLU of South Carolina, and NAACP Legal Defense and Educational Fund filed a federal lawsuit on April 22, 2020, over South Carolina’s failure to take action to ensure all eligible voters can vote by mail during the COVID-19 pandemic — even for its fast-approaching June 9 statewide primary elections.

In the latest front in the nationwide fight against the criminalization of poverty, on October 31, 2019, the American Civil Liberties Union, ACLU of South Carolina, Terrell Marshall Law Group PLLC, Southern Poverty Law Center, and South Carolina Appleseed Legal Justice Center filed a federal lawsuit challenging South Carolina’s policy of automatically suspending the driver’s licenses of people with unpaid traffic tickets. The South Carolina Department of Motor Vehicles does not ensure that people who cannot pay will not lose their licenses in violation of the Fourteenth Amendment’s promise of due process and equal protection under the law. South Carolina’s wealth-based license suspensions impact more than 190,000 people, funneling those who are unable to pay, particularly poor people of color, deep into cycles of poverty, job loss, traffic violations, and entanglement with the legal system.