Breaking: Federal Judge Rules In Favor Of Marriage Equality In South Dakota

A federal judge has just struck down South Dakota’s ban on same-sex marriage. 

United States District Court judge Karen Schreier has just ruled that a ban on same-sex marriage in South Dakota is unconstitutional. Declaring summary judgment for the plaintiffs, Judge Schreier stayed her ruling based on an expected appeal.

In Loving v. Virginia, Judge Schreier wrote, “the Supreme Court addressed a traditionally accepted definition of marriage that prohibited Mildred Jeter and Richard Loving from marrying. Because Virginia’s laws deprived that couple of their fundamental right to marriage, the Court struck down those laws.”

“Little distinguishes this case from Loving. Plaintiffs have a fundamental right to marry. South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification.”

“South Dakota’s same-sex marriage ban deprives same-sex citizens of a fundamental right,” Judge Schreier, a Clinton appointee, wrote, “and that classification is not narrowly tailored to serve a compelling state interest. Thus, South Dakota’s same-sex marriage ban violates the Equal Protection Clause.”

There are six plaintiff couples in the case, including Nancy and Jennie Rosenbrahn of Rapid City (photo). They were Nancy Robrahn and Jennie Rosenkranz until they married in Minneapolis. The plaintiffs are represented by Joshua A. Newville of Madia Law LLC and Debra Voigt of Burd And Voigt Law Office.

Were a stay not placed on this decision, South Dakota would be the 37th state to extend marriage to same-sex couples.

 

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