Sioux Falls, SD – A federal judge has ruled South Dakota’s constitutional amendment banning same sex marriage as unconstitutional.
According to the Associated Press, U.S. District Judge Karen Schreier on Jan. 12 declared South Dakota’s same-sex marriage ban unconstitutional, but stayed the decision pending appeal.
South Dakota legislation passed in 1996 banned same-sex marriages in the state. In 2006, state voters passed a constitutional amendment stating marriage can only be between a man and a woman.
Private attorneys and the National Center for Lesbian Rights (NCLR) sued the state on behalf of six same-sex couples who argue that South Dakota’s ban on marriage equality violates the U.S. Constitution.
A spokeswoman for South Dakota Attorney General Marty Jackley didn’t immediately return a call to the AP seeking comment. Jackley has said he’s obligated by law to defend both the state constitution and state statutes. Jackley is among the defendants that also include Gov. Dennis Daugaard.
The state now has the option to appeal the order to the Eighth Circuit Court of Appeals.
