by Jane Pfeifle
On Monday, a federal judge in Sioux Falls ruled that South Dakota’s constitutional and statutory prohibition on same-sex marriage violated the U.S. Constitution. Six same-sex couples filed a lawsuit against the governor, the attorney general, the secretary of the South Dakota Department of Health, and other public officials seeking to overturn the ban on gay marriage.
Judge Karen Schreier found that marriage is a fundamental right and that the law violated equal protection and due-process rights without sufficient justification. She postponed enforcement of her decision, however, to allow state officials to appeal to the U.S. 8th Circuit Court of Appeals, the federal appellate court that hears appeals from South Dakota.