Same-Sex Marriage Ban Overturned In South Dakota

There are only 14 states left where same-sex couples cannot legally get married -- the states shown in white on the map above. But only four of those 14 have not had a federal judge strike down their bans on same-sex marriage (North Dakota, Nebraska, Georgia, and Alabama). The rest have had those decisions overturning the bans stayed until they can be heard by an appeals court.

It was five states with no decision, but yesterday U.S. District Judge Karen Schreier struck down the ban in South Dakota. The judge issued a stay to give the state time to appeal her decision to the 8th Circuit Court of Appeals (where appeals striking down the bans are pending from Missouri and Arkansas). In her decision, Judge Schreier wrote:

“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.” 

So far, only one appeals court (the 6th Circuit Court of Appeals) has upheld the state bans on same-sex marriage -- a ruling that affects only Michigan, Ohio, Kentucky, and Tennessee. All other Appeals courts have upheld overturning the bans, or are still deciding what to do. The decision of the 6th Circuit Court of Appeals has been appealed to the U.S. Supreme Court, and that court is currently deciding whether they will hear that appeal or not.

The Supreme Court should accept that appeal for a hearing, because it is unconscionable to have a ban unconstitutional in most states while being constitutional in a few. Same-sex marriage bans must either be constitutional or unconstitutional in all states, since all state laws must conform to the U.S. Constitution. Personally, I believe the 14th Amendment makes it clear that all citizens must be treated equally under the law (and that includes state laws), and any ban prohibiting any one group from enjoying rights given to other groups (in this case, the right to marry) has to be unconstitutional.

The Supreme Court has dodged this issue long enough. It is time for them to make a decision.