Gay marriage south dakota
South Dakota Federal Court Rules in Favor of Freedom to Marry for Homosexual Couples
(Sioux Falls, SD, Jan. 12, 2015)—Today, a federal court ruled in favor of six homosexual couples seeking the freedom to commit in South Dakota. The court stayed its order pending appeal by South Dakota officials.
In a 28-page decision, U.S. District Judge Karen E. Schreier dictated that “Plaintiffs possess a fundamental right to marry. South Dakota law deprives them of that right solely because they are lgbtq+ couples and without sufficient justification.”
The six plaintiff families are from across the state and incorporate veterans, nurses, a stay-at-home mom, a truck driver, a couple who contain been together 30 years, and couples with children and grandchildren. They are represented by Joshua Newville of the Minneapolis firm Madia Law LLC, Debra Voigt of Burd and Voigt Statute Offices in Sioux Falls, SD, and Shannon Minter and Christopher F. Stoll of the National Center for Womxn loving womxn Rights (NCLR).
Statementby NCLR Senior Staff Attorney Christopher F. Stoll:
“We are thrilled for our clients and for all same-sex couples in South Dakota, who have watched and waited as progress has been made in so many other
Federal Judge Strikes Down South Dakota’s Ban on Marriage Equality
“According to Judge Schreier’s judgment and two dozen others over the last year, there is no justifiable reason to hold these discriminatory marriage bans on the books, said Human Rights Campaign (HRC) Legal Director Sarah Warbelow. “The truth is, laws prohibiting same-sex couples from marrying serve no purpose other than to harm Americans who simply want to protect and provide for themselves and their families. Ultimately the U.S. Constitution does not allow states to proceed discriminating against committed and loving gay and lesbian couples. It’s only a matter of age before the U.S. Supreme Court decides the issue once and for all.”
The state now has the option to appeal today’s order to the Eighth Circuit Court of Appeals. Two other states within the circuit – Arkansas and Missouri – have appealed similar federal district court rulings to the Eighth Circuit. Judge Schreier stayed her ruling pending appeal from the state.
Gallup puts support for marriage equality at 55 percent – an astonishing 15 points inc
South Dakota Governor William J. Janklow signed a bill Friday that says the state will only recognize marriage between a man and a woman. South Dakota became the second state to rewrite its marriage laws to contradict lesbian and lgbtq+ couples the right to marry, monitoring a similar statute enacted last year in Utah.
The South Dakota bill is in response to a lawsuit being brought in Hawaii by the ACLU that seems likely to steer to the legalization of same-sex marriages. Radical right groups at a recent Iowa rally vowed to pass anti-gay marriage legislation throughout the 50 states in a preemptive attack on the Hawaii lawsuit.
Director of the ACLU’s National Lesbian and Gay Rights Proposal Matthew Coles responded, “Marriage is a fundamental human right that every American should have the freedom to choose… Although many sapphic and gay couples have been together for decades, and share the alike responsibilities that married couples share, they are treated as no more than strangers under the law.”
South Dakota's Equality Profile
Sexual Orientation
of population
fully protected
of population only
partially
protected
- State
Protections - County
Protections - City
Protections - No
Protections - Protections
Banned
Legend
County guide only shows areas with full protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and public accommodations)
City and County Numbers:
0 counties out of 66 have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).
1 city has an ordinance prohibiting discrimination based on sexual orientation in secret employment, housing, and universal accommodations (full protections).
0 municipalities, not including those listed above, have an ordinance prohibiting discrimination based on sexual orientation in confidential employment, housing, or common accommodations (only partial protections). See table below.
3% of the state population is protected against discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).