Same-sex marriage in South Dakota

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  1. Performed statewide in 24 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Same-sex marriage in South Dakota has been legal since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry.[1] Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.[2]

Legal history[]

Restrictions[]

South Dakota voters adopted a constitutional amendment in November 2006 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name, such as civil unions and domestic partnerships.[3] Similar restrictions appear in the state statutes as well.[4][5]

Lawsuit[]

Rosenbrahn v. Daugaard[]

On May 22, 2014, six same-sex couples filed a federal lawsuit against South Dakota officials seeking the right to marry and recognition of marriages performed in other jurisdictions. The suit, Rosenbrahn v. Daugaard, was brought by Minneapolis civil rights attorney Joshua A. Newville, who filed a similar lawsuit on behalf of seven same-sex couples in North Dakota on June 6, 2014. The suit named Governor Dennis Daugaard as the first-named defendant.[6] U.S. District Court Judge Karen Schreier heard arguments on October 17. The state defendants argued she was bound by the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning (2006), which the plaintiffs said did not address the questions they were raising in this case.[7] On November 12, Judge Schreier denied the defense's motion to dismiss. She found that Baker v. Nelson is no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry. She dismissed the plaintiffs' claim that South Dakota violated their right to travel.[8] On January 12, 2015, she ruled for the plaintiffs, finding that South Dakota was depriving them of their "fundamental right to marry". She stayed implementation of her ruling pending appeal.[9] On February 10, the plaintiffs asked her to lift the stay, citing the U.S. Supreme Court's denial of a stay in Alabama cases the previous day.[10] Two days later, they requested an expedited response to that request.[11] On March 2, 2015, Judge Schreier denied this motion. She concluded that once the defendants filed their notice of appeal, jurisdiction issue in the case, including the stay, would be transferred to the Eighth Circuit Court of Appeals. The Eighth Circuit announced on April 29, 2015 that it would defer consideration of the case, pending the U.S. Supreme Court's ruling in Obergefell v. Hodges in June 2015.[12]

On June 26, 2015, the U.S. Supreme Court ruled that laws depriving same-sex couples from accessing the rights and responsibilities of marriage violate the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. Attorney General Marty Jackley announced the state would comply. In light of this development, the Eighth Circuit affirmed the judgement of the district court on August 12, 2015. However, it left the decision of whether or not to vacate the stay of permanent injunction of the laws discriminating against same-sex couples to the district court.[13] On September 9, 2015, Judge Schreier granted the plaintiffs' motion to vacate the stay in light of the mandate from the Eighth Circuit.

Subsequent developments[]

In January 2020, Representative Tony Randolph introduced a bill to prohibit the state from "enforcing, endorsing or favoring" same-sex marriage. The bill stood in clear violation of the U.S. Constitution, which under Obergefell guarantees same-sex couples the right to marry. The American Civil Liberties Union responded in a statement: "Marriage equality is the law of the land in South Dakota and the entire nation, no matter what half-baked legal theories anti-LGBTQ lawmakers try to put forward."[14][15] The bill was withdrawn at Randolph's request on February 24, 2020.[16]

Marriage statistics[]

In the first month of legalization, 40 same-sex couples were granted marriage licenses in the state.[17]

By June 26, 2016, 157 marriage licenses had been issued to same-sex couples in South Dakota. This made up around 2% of all marriage licenses issued in the state during that time. Minnehaha County, the state's most populous county, issued 40 same-sex marriage licenses.[18] By June 2017, 283 same-sex couples had married in South Dakota.[19]

2018 estimates from the United States Census Bureau showed that there were about 1,500 same-sex households in South Dakota. The Bureau estimated that 77.8% of these couples were married.[20]

Public opinion[]

A 2017 poll conducted by the Public Religion Research Institute found that 52% of South Dakotans supported same-sex marriage, while 37% were opposed and 11% were unsure or undecided.[21]

See also[]

References[]

  1. ^ Liptak, Adam (June 26, 2015). "Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide". The New York Times.
  2. ^ "Divided United States Supreme Court Holds State Marriage Laws Prohibiting Same-sex Marriage Unconstitutional". South Dakota State News. June 26, 2015. Retrieved June 29, 2015.
  3. ^ CNN: 2006 Key Ballot Measures, accessed April 10, 2011
  4. ^ Human Rights Campaign: South Dakota Marriage/Relationship Recognition Law, accessed April 10, 2011
  5. ^ DEFINITION OR DISCRIMINATION? STATE MARRIAGE RECOGNITION STATUTES IN THE "SAME-SEX MARRIAGE" DEBATE
  6. ^ Howard, Adam (May 23, 2014). "Gay couples sue South Dakota to overturn same-sex marriage ban". MSNBC. Retrieved October 21, 2014.
  7. ^ Young, Steve (October 17, 2014). "No quick decision made in S.D. gay marriage lawsuit". Argus Leader. Retrieved October 21, 2014.
  8. ^ "Order on Motion to Dismiss". Scribd.com. U.S. District Court for South Dakota. Retrieved November 14, 2014.
  9. ^ "Order Granting Plaintiffs' Motion for Summary Judgment". Scribd.com. U.S. District Court for South Dakota. Retrieved January 12, 2015.
  10. ^ "Emergency Motion". Scribd.com. U.S. District Court for South Dakota. Retrieved February 10, 2015.
  11. ^ "Plaintiffs' Motion to set an expedited response schedule". Scribd.com. U.S. District Court for South Dakota. Retrieved February 12, 2015.
  12. ^ "Rosenbrahn v. Daugaard". Civil Rights Litigation ClearingHouse.
  13. ^ "8th Circuit Decision in Rosenbrahn v. Daugaard" (PDF). US Court of Appeals for the Eighth Circuit. Retrieved 12 August 2015.
  14. ^ "State lawmaker takes on same-sex marriage, related topics with new bill". Keloland. January 30, 2020.
  15. ^ "South Dakota lawmaker pushing bills to ban same-sex marriage and make getting divorced more difficult". Rawstory. February 3, 2020.
  16. ^ "HB 1215". LegiScan.
  17. ^ "Only 40 Gay Couples Apply To Be Married In S.D. In 1st Month". CBS Local. July 28, 2015.
  18. ^ Johnson, Jill (June 28, 2016). "SD Issues 157 Same-Sex Marriage Licenses One Year After Supreme Court Ruling". KDLT.com.
  19. ^ Anderson, Patrick (June 17, 2017). "Two years in, same-sex marriages in S.D. number in the hundreds". Argus Leader. Archived from the original on June 16, 2017. Retrieved June 17, 2017.
  20. ^ "Characteristics of Same-Sex Couple Households: 2005 to Present". census.gov.
  21. ^ Public opinion on same-sex marriage by state: South Dakota
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