The South Carolina Supreme Court ruled on Tuesday that the University of South Carolina (USC) has the right to require students to wear masks on campus to prevent the spread of COVID-19, and the requirement is effective immediately.

In July, USC ordered a mask mandate for all students, faculty, and staff. South Carolina Attorney General Alan Wilson wrote to USC President Harris Pastides, stating that the General Assembly passed a proviso, or temporary law, prohibiting a universal mask mandate at state universities. Pastides removed the mask mandate. USC Professor Richard Creswick filed a lawsuit with the South Carolina Supreme Court seeking clarification on the proviso. The Supreme Court took up the appeal on an emergency basis.

The university’s mask mandate is not in violation of Proviso 1.108, a state budget proviso banning discriminatory face covering requirements. The Supreme Court applied Proviso 117.190, which states, “A public institution of higher learning, including a technical college, may not use any funds appropriated or authorized pursuant to this act to require that its students have received the COVID-19 vaccination in order to be present at the institution’s facilities without being required to wear a facemask. This prohibition extends to the announcement or enforcement of any such policy.”

In its ruling, the South Carolina Supreme Court explained that under Proviso 117.190, state-supported higher education institutions cannot use funds to require unvaccinated individuals to wear masks. But institutions can implement a mask mandate applying to both vaccinated and unvaccinated individuals.

In response to the court’s ruling, Wilson stated, “While we disagree with the Supreme Court’s ruling, we certainly understand its rationale. … While the Proviso was not clear, we think the legislature’s intent was, so now it’s up to the University of South Carolina to address this matter in light of the General Assembly’s position.”