John M. Becker

BREAKING: South Dakota Marriage Ban Struck Down

Filed By John M. Becker | January 12, 2015 3:45 PM | comments

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

south-dakota-map.gifThis just in: a federal judge has just struck down South Dakota's marriage discrimination amendment on the grounds that it violates the Fourteenth Amendment's guarantee of equal protection.

U.S. District Court Judge Karen E. Schreier writes:

"In [the Loving v. Virginia interracial marriage case], 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."

Judge Schreier adds that "a separate judgment will be entered and the effects of that judgment will be stayed until the judgment is final." Translation: the decision is stayed pending South Dakota's expected appeal to the Eighth U.S. Circuit Court of Appeals.

Nonetheless, this is a huge step forward for marriage equality in South Dakota!

Read Judge Schreier's order after the break, via Equality Case Files.

4:14-cv-04081 #50 by Equality Case Files


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