John M. Becker

And Then There Was One: South Dakota Gets Marriage Suit

Filed By John M. Becker | May 22, 2014 7:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: gay marriage, marriage equality, same-sex marriage, South Dakota

south-dakota-map.gifSouth Dakota's long-awaited marriage equality lawsuit was filed today!

The AP reports:

The lawsuit, filed in U.S. District Court in Sioux Falls, challenges a 1996 law passed by the Legislature and a voter-approved 2006 constitutional amendment banning gay marriage, which means such cases are now pending in 30 states with gay marriage bans. The lawsuit also challenges a U.S. provision allowing states not to recognize same-sex marriages performed elsewhere...

The lawsuit, filed by Minneapolis attorney Josh Newville, claims three violations that are guaranteed in the 14th Amendment to the U.S. Constitution: deprivation of equal protection, due process and right to travel.

"The State will incur little to no burden in allowing same-sex couples to marry and in recognizing the lawful marriages of same-sex couples from other jurisdictions on the same terms as different-sex couples, while the hardship to Plaintiffs of being denied due process, equal protection, and privileges or immunities is severe, subjecting them to an irreparable denial of their constitutional rights," it states.

The complaint seeks a declaration that the statute and constitutional bans are unconstitutional and asks that the defendants be prevented from enforcing the bans and be required to issue marriage licenses to same-sex couples and recognize gay marriages from other states. It also seeks reimbursement for lawyers and other costs.

This leaves just one state -- North Dakota -- without a pending marriage equality lawsuit. But that may not be for long: Newville says he's considering challenging that state's marriage discrimination amendment as well.

A copy of the complaint is after the jump, via Equality Case Files.

4:14-cv-04081 #1 South Dakota Marriage Case Complaint by Equality Case Files


Recent Entries Filed under Politics:

Leave a comment

We want to know your opinion on this issue! While arguing about an opinion or idea is encouraged, personal attacks will not be tolerated. Please be respectful of others.

The editorial team will delete a comment that is off-topic, abusive, exceptionally incoherent, includes a slur or is soliciting and/or advertising. Repeated violations of the policy will result in revocation of your user account. Please keep in mind that this is our online home; ill-mannered house guests will be shown the door.