Same-sex marriage in South Dakota

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.^[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 are raising in this case.^[7] On November 12, Judge Schreier denied the defense's motion to dismiss. She found Baker is no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry.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 violates 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]

South Dakota has recognized and performed marriages for same-sex couples since the decision of the Supreme Court on June 26, 2015. In light of this development, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgement of the district court on August 12, 2015; however, the decision 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.^[12]