Judge declares South Dakota marriage law unconstitutional

A federal judge in South Dakota today declared unconstitutional the state’s law defining marriage as between one man and one woman. South Dakota had codified that definition of marriage two ways, first in a law passed by the state legislature in 1996 and second by a voter-approved amendment to the state constitution 10 years later.

Six couples sued for the right to receive marriage licenses in South Dakota. U.S. District Judge Karen Schreier in Sioux Falls, S.D., ruled in their favor, but stayed her ruling pending appeal. Until today, South Dakota was one of the dwindling number of states where laws defining marriage as between a man and a woman still stood. Neighboring North Dakota and Nebraska both have standing marriage amendments, though a suit has been filed challenging the law in Nebraska.

As the Supreme Court works to sort out conflicting rulings in the marriage debate, it declined earlier today to grant an early review of a ruling in Louisiana upholding that state’s marriage law. Before the court now are cases from the 6th U.S. Circuit Court of Appeals, in which appellate judges ruled in favor of standing marriage laws in Michigan, Ohio, Kentucky, and Tennessee. The court is expected to decide soon whether to hear those cases.

The Associated Press contributed to this report.