South Carolina

Dayne Phillips: Welcome to the Direct Examination podcast. My name is Dayne Phillips.

Amber Fulmer: I’m Amber Fulmer.

Joseph Bias: And I’m Joseph Bias.

Dayne Phillips: Before we get into the introduction, Amber is sick at home and calling in today, and Joseph is on the road in Lancaster, South Carolina. Amber, do you want to do the introduction?

Amber Fulmer: It would be my honor. Our guest today is Melissa Burnette. For over 40 years, she has been one of South Carolina’s top employment and civil rights lawyers. After a pre-law career working as a guard at a women’s prison, she graduated from law school and became an attorney in South Carolina, serving as a pioneer for civil rights and a advocate for minorities and women.

She was part of the legal team that helped open The Citadel to female students and part of the team that declared the ban on same-sex marriage unconstitutional in South Carolina. She is the author of Labor and Employment Law for South Carolina Lawyers, the go-to reference guide on this topic, and founder of the Burnette Shutt & McDaniel law firm. Welcome, Melissa!

Melissa Burnette: Thank you so much for inviting me. I am honored to be here.

Amber Fulmer: In an article written about you titled Undaunted, it described how whether facing racism, sexism, or homophobia, you do not back down. Could you elaborate on the KKK incident when you were 18?

Melissa Burnette: That incident occurred when I was 18, working a summer job at a truck stop in a small North Carolina town where my grandparents lived. Back in the 1960s, African Americans did not sit down at the lunch counter. One day, a Black truck driver came in and sat down. Instead of turning him away, I served him because that’s how I was raised. Everyone stopped and stared, but the owner allowed him to eat in silence and leave.

Overnight, KKK posters went up all over utility poles across town. Knowing you couldn’t legally put posters on public utility poles, I called the police chief—who confirmed I could take them down. I walked around town removing them. A truck full of Klansmen in hoods began following and threatening me, calling me names. I realized that if you own the insult, they stop using it, so I said, “Yes, I am—nobody is better than anybody else.”

They came to the truck stop later, but the owner stood up to them and made them leave, which was very risky for him in 1968. They threatened to burn down my grandparents’ house, which frightened us, but that experience gave me the courage to stand up to people.

Joseph Bias: Fighting for civil rights isn’t always lucrative starting out. How did you balance that with building your practice?

Melissa Burnette: I’ve been a certified employment and labor law specialist since 1993. That is what I do 95% of the time to earn a living, which allows me to take civil rights cases on the side. Employment law itself is civil rights work—handling employment discrimination and related matters. But for young lawyers, you have to pay the piper first before you play. Learn your skills and secure your livelihood first.

Amber Fulmer: What was it like starting out as a woman attorney in South Carolina in the 1970s?

Melissa Burnette: I started law school in 1974. We were in the second class at USC Law to admit women based on merit rather than connections. Some of my early experiences in chambers involved a judge pulling me onto his lap or stroking my long hair saying he had to “feel this pelt” while opposing counsel laughed.

After that, I immediately wore my hair in a tight bun and wore strict dark blue suits. Women attorneys today don’t have to dress like men or wear a bun to be taken seriously—they can be themselves. You have to choose firms and colleagues that respect your voice or start your own firm.

Dayne Phillips: What stands out to you from The Citadel litigation?

Melissa Burnette: Many lawyers worked on that case. When Shannon Faulkner dropped out, Nancy Mellette came in as the substitute plaintiff, and I represented her.

One day, walking to the federal courthouse in Charleston right behind Nancy, a car drove onto the sidewalk, honking its horn, and a man spat on us out the window. People specifically targeted the lawyers walking to the courthouse. That was in the mid-1990s—not that long ago.

Joseph Bias: What was it like working on the marriage equality case?

Melissa Burnette: The marriage equality case was exhilarating. We worked alongside Lambda Legal to ensure South Carolina was not the last state in the South to recognize same-sex marriage before the U.S. Supreme Court affirmed it in 2015. We were awarded attorney’s fees and donated them directly to SC Equality. Since then, I’ve had the honor of officiating several same-sex weddings.

Dayne Phillips: What advice would you give a father raising a daughter to be independent, confident, and strong?

Melissa Burnette: Spend time with her, play sports with her, and engage in whatever she enjoys. Make sure she knows that men are good, kind, and willing to listen. Having a strong, respectful relationship with her father gives a young woman confidence around men so that she is never afraid to speak her mind.

Amber Fulmer: Tell us about the “RBG Dissent Pins” your firm wears.

Melissa Burnette: Justice Ruth Bader Ginsburg wore a specific collar when issuing a dissent. We wear lapel pins shaped like her dissent collar in our firm photos and in court to stand in unity with her courage and willingness to voice her opinion. Our firm motto is “Moving Law Forward.”

Dayne Phillips: If you weren’t a lawyer, what occupation would you choose?

Melissa Burnette: I would sell crickets in a bait shop! My grandpa taught me to fish, and I would love to sit by the water, chat with people, and sell bait.

Dayne Phillips: Thank you so much for joining us, Melissa. You can find Melissa Burnette at burnettshutt.law and follow us @SCLawPod on Twitter, Facebook, and Instagram. Follow Joseph @JosephPBias, Dayne @SCCrimLawyer, and Amber @actredjudicata. See y’all next week!