Gay marriage south dakota

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 oppose lesbian and same-sex attracted couples the right to marry, obeying a similar rule 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 queer woman and gay couples have been together for decades, and share the similar responsibilities that married couples share, they are treated as no more than strangers under the law.”


South Dakota's Equality Profile

Sexual Orientation

3%

of population
fully protected

0%

of population only
partially
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • Protections
    Banned

County map 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 confidential employment, housing, and public accommodations (full protections).

1 city has an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

0 municipalities, not including those listed above, possess an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections). See table below.

3% of the state population is protected against discrimination based on sexual orientation in secret employment, housing, and public accommodations (full protections).

South Dakota Federal Court Rules in Favor of Freedom to Wedding for Same-Sex Couples

(Sioux Falls, SD, Jan. 12, 2015)—Today, a federal court ruled in favor of six same-sex couples seeking the freedom to marry in South Dakota. The court stayed its order pending appeal by South Dakota officials.

In a 28-page choice, U.S. District Judge Karen E. Schreier ruled that “Plaintiffs hold a fundamental right to wed. South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification.”

The six plaintiff families are from across the state and include veterans, nurses, a stay-at-home mom, a truck driver, a couple who include been together 30 years, and couples with children and grandchildren. They are represented by Joshua Newville of the Minneapolis strong 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 Lesbian 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 ruling and two dozen others over the last year, there is no justifiable reason to keep these discriminatory marriage bans on the books, said Human Rights Campaign (HRC) Legal Director Sarah Warbelow.  “The authenticity is, laws prohibiting homosexual couples from marrying work for no purpose other than to harm Americans who simply want to defend and provide for themselves and their families.  Ultimately the U.S. Constitution does not allow states to continue discriminating against involved and loving gay and lesbian couples.  It’s only a matter of period 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.  Assess Schreier stayed her judgment pending appeal from the state.

Gallup puts assist for marriage equality at 55 percent – an astonishing 15 points inc