South Dakota’s longtime ban on marriage equality, stemming from a law made in 1996 and the constitutional amendment in 2006, reached a turning point January 13th when Judge Karen Schreier marked the ban as unconstitutional. The movement for reversing the ban began in October of 2014 when six couples brought their case against the state. While Schreier’s results were quickly returned, the final results are not entirely in yet.
Schreier, who has worked in law since the 1980s, wrote “South Dakota law deprives [homosexuals] of [the] right [to marry] solely because they are same-sex couples and without sufficient justification.” She would see the state’s constitution rewritten in order to allow same-sex couples the rights they deserve. Even so, her decision won’t go unanswered.
As the Washington Times points out, the decision passed to the 8th U.S. Circuit Court of Appeals. Unfortunately for the couples, the circuit showed its right-leaning ideology when in 2006 it held for Nebraska’s ban on marriage equality. Still, 2006 was a very different environment compared to today, especially when looking at the viewpoint many Americans held on LGBTQA people then and now.
The couples must also face Attorney General Marty Jackley, who stated, “It remains the state’s position that the institution of marriage should be defined by the voters of South Dakota and not the federal courts.” Contextually, the point made was that Jackley supported the decision made in 2006 where the people of South Dakota voted to amend their constitution to ban same-sex marriage.
The Supreme Court is called to notice as well. The heat of the topic has risen to an all-time high, and it seems that some believe that the Supreme Court may have to answer the call on the topic, despite refusing several appeals by different states since the time that the couples in South Dakota made their argument. Whether getting SCOTUS involved is the correct decision or not depends on who you ask, but so far their non-involvement has garnered the addition of several states in the list of those who legally accept same-sex marriage. Regardless, whether the issue goes to the highest court or whether it is resolved in the circuits, the couples raising the issue in South Dakota and elsewhere just want their marriages to be recognized.
As of the moment, 36 states and the capitol allow for marriage equality, a number that has risen dramatically in the last year. Six additional states, now including South Dakota, are awaiting further action after court cases ruled in favor of marriage equality. The last eight states are either in a position where same-sex marriage is banned or is pending due to a federal appellate. As a whole, even traditionally right-leaning states have joined the dozens which offer legal recognition of same-sex marriages, and that brings hope to many LGBTQA people across the nation.
