Same-sex marriage in South Dakota

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Denmark:
· Denmark proper
· Greenland*
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CH, CA, GR3, JA*
· NA, QR, DF
Netherlands:
· Netherlands proper

New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· Pitcairn Islands
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Same-sex marriage in South Dakota is legal under a court order. The United States Supreme Court ruled in Obergefell v. Hodges on June 26, 2015, that there is a constitutional right to same-sex marriage. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply with it.[1]

Recognition of same-sex relationships

South Dakota voters adopted a constitutional amendment in November 2006 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name, such as civil unions and domestic partnership agreements.[2] Similar restrictions appear in the state statutes as well.[3]

On June 26, 2015, same-sex marriage became legal in the state of South Dakota and all of the United States due to the Supreme Court ruling on that same day.[4]

Rosenbrahn v. Daugaard

On May 22, 2014, six same-sex couples filed a federal lawsuit against South Dakota officials seeking the right to marry and recognition of marriages performed in other jurisdictions. The suit, Rosenbrahn v. Daugaard, was brought by Minneapolis civil rights attorney Joshua A. Newville, who filed a similar lawsuit on behalf of seven same-sex couples in North Dakota on June 6, 2014.[5] U.S. District Court Judge Karen Schreier heard arguments on October 17. The state defendants argued she was bound by the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning (2006), which the plaintiffs said did not address the questions they are raising in this case.[6] On November 12, Judge Schreier denied the defense's motion to dismiss. She found Baker is no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry. She dismissed the plaintiffs claim that South Dakota violates their right to travel.[7] On January 12, 2015, she ruled for the plaintiffs, finding that South Dakota was depriving them of their "fundamental right to marry". She stayed implementation of her ruling pending appeal.[8] On February 10, the plaintiffs asked her to lift the stay, citing the U.S. Supreme Court's denial of a stay in Alabama cases the previous day.[9] Two days later they requested an expedited response to that request.[10]

South Dakota has recognized and performed marriages for same-sex couples since the decision of the Supreme Court on June 26, 2015. In light of this development, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgement of the district court on August 12, 2015; however, the decision left the decision of whether or not to vacate the stay of permanent injunction of the laws discriminating against same-sex couples to the district court.[11]

See also

References

  1. ↑ "Divided United States Supreme Court Holds State Marriage Laws Prohibiting Same-sex Marriage Unconstitutional". South Dakota State News. June 26, 2015. Retrieved June 29, 2015.
  2. ↑ CNN: 2006 Key Ballot Measures, accessed April 10, 2011
  3. ↑ Human Rights Campaign: South Dakota Marriage/Relationship Recognition Law, accessed April 10, 2011
  4. ↑ http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html
  5. ↑ Howard, Adam (May 23, 2014). "Gay couples sue South Dakota to overturn same-sex marriage ban". MSNBC. Retrieved October 21, 2014.
  6. ↑ Young, Steve (October 17, 2014). "No quick decision made in S.D. gay marriage lawsuit". Argus Leader. Retrieved October 21, 2014.
  7. ↑ "Order on Motion to Dismiss". Scribd.com. U.S. District Court for South Dakota. Retrieved November 14, 2014.
  8. ↑ "Order Granting Plaintiffs' Motion for Summary Judgment". Scribd.com. U.S. District Court for South Dakota. Retrieved January 12, 2015.
  9. ↑ "Emergency Motion". Scribd.com. U.S. District Court for South Dakota. Retrieved February 10, 2015.
  10. ↑ "Plaintiffs' Motion to set an expedited response schedule". Scribd.com. U.S. District Court for South Dakota. Retrieved February 12, 2015.
  11. ↑ "8th Circuit Decision in Rosenbrahn v. Daugaard" (PDF). US Court of Appeals for the Eighth Circuit. Retrieved 12 August 2015.
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