South Dakota state officials have vowed to appeal, and they may have a conservative court to back them up -- which could prompt the Supreme Court to step in eventually.
A federal judge in South Dakota struck down the state’s ban on same-sex marriages, ruling that such bans are unconstitutional — but gay couples may have to wait before they can get married.
The lawsuit was filed by six same-sex couples back in May in the city of Sioux Falls. They alleged that the 1996 law passed by the legislature and a voter-approved constitutional amendment in 2006 banning gay marriage violated the U.S. Constitution, according to the Associated Press.
Although the court ruled in favor of gay couples, it doesn’t mean same-sex partners can get married right away. U.S. District Judge Karne Schreier said she wanted to give the state time to appeal.
Next, Attorney General Marty Jackley is expected to appeal the case to the 8th Circuit Court of Appeals, which has a federal appeals court that tends to lean conservative and upheld Nebraska’s ban in 2006. Jackley said the state remained firmly in favor of keeping gay marriage banned, and that it should be South Dakota’s decision, not that of the federal courts.
Eight of the 11 judges on the Circuit Court of Appeals are Republican appointees, making it a more conservative court than most.
The 6th Circuit Court of Appeals, which is in Cincinnati, became the first appellate court to uphold a ban on gay marriage since the Supreme Court struck down part of the federal anti-gay marriage law back in 2013. Plaintiffs are currently asking the court to reverse that decision, while four other appeals courts in Chicago, San Francisco, Denver, and Richmond, Va. have ruled in favor of gay couples. Arguments were heard last week over bans in Southern states before a New Orleans-based appellate court.
The South Dakota couples’ attorney, Josh Newville, said that this is the last chance for state officials to be on the “right side of history,” urging them to not appeal the decision.
Currently, gay marriage is legal in the District of Columbia and 36 states — twice as many as just a few months ago.
If there are more appeals court rulings that conflict with each other on the gay marriage issue, the Supreme Court may once again step into the fray to settle the issue once and for all.
[…] S.D. gay marriage ban struck down, but nationwide battle is just beginning – Jackley said the state remained firmly in favor of keeping gay marriage banned, and that it should be South Dakota’s decision, not that of the federal courts. Eight of the 11 judges on the Circuit Court of Appeals are Republican appointees, making it a … […]