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South Dakota already bans same-sex marriages and does not recognize those performed out of state. But a Republican lawmaker is sponsoring legislation that he said would protect businesses and clergy from lawsuits if they refuse to provide wedding services for same-sex couples based on religious or philosophical beliefs.

Sen. Ernie Otten of Tea stressed his proposals are not intended to be discriminatory and would have no effect on businesses that choose to sell items like flowers and cakes to same-sex couples.

“I have no problem if that is your choice; go ahead and do it,” he said. “I am drawing a line in the sand here that people of conscience be protected.”

David Patton, board president of the Black Hills Center for Equality, said Thursday the proposed legislation is discriminatory and unnecessary because of the state’s ban and 2006 constitutional amendment defining marriage as between a man and woman.

“As oppressive as this bill is," he said, "I truly believe the South Dakota Legislature is smart enough to see this is not good for the state.

“The last time we were talking about businesses not serving people because of their beliefs we were talking about Jim Crow (laws in the South),” he said.