January 12, 2015
A federal district court has just invalidated South Dakota’s same-sex marriage ban.
The judge ruled that the ban violates same-sex couples’ fundamental right to marry:
In Loving, the Supreme Court addressed a traditionally accepted definition of marriage that prohibited Mildred Jeter and Richard Loving from marrying. Because Virginia’s laws deprived that couple of their fundamental right to marriage, the Court struck down those laws. Little distinguishes this case from Loving. Plaintiffs have a fundamental right to marry. South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification.
The judge noted that a separate judgment will be entered and “the effects of that judgment will be stayed until the judgment is final.”
UPDATE: Lawyers for the plaintiffs plan to fight the stay:
— Equality Case Files (@EQCF) January 12, 2015
Thanks to Equality Case Files for these filings