Judge rules S.D. same-sex marriage ban unconstitutional

SIOUX FALLS A federal judge on Monday declared South Dakota same-sex marriage ban unconstitutional, paving the way for a likely appeals court battle.

U.S. District Judge Karen Schreier ruled in favor of the six couples who filed a last year in Sioux Falls, but stayed a decision pending appeal.

"(The) plaintiffs have a fundamental right to marry," Schreider wrote in the conclusion of her ruling. "South Dakota law deprives them of that right solely because they are same-sex couple and without sufficient jurisdiction."

Nancy and Jennie Rosenbrahn of Rapid City, were the first couple to file a lawsuit challenging the states same-sex marriage ban.

Their federal complaint challenges a 1996 law passed by the legislature and a voter-approved 2006 constitutional amendment banning gay marriage, which means such cases are now pending in 30 states with gay marriage bans.

Neither was sure how the court would end up ruling.

Nancy turned to Jennie after hearing the ruling and said, "You and I did this, you and I got this started."

"I'm so excited for those who will be able to take advantage of it," she said. "Until we have total equality, we will continue to work towards it."

Attorney General Marty Jackley has said he's obligated by law to defend both the state constitution and state statutes.

"It remains the State's position that the institution of marriage should be defined by the voters of South Dakota and not the federal courts. Because this case presents substantial legal questions and substantial public interest, the Federal Court has stayed its judgment allowing South Dakota law to remain in effect pending the appeal," Jackley said.

The state plans to appeal the ruling to the Eighth Court, according to the Attorney General's Office.

Thomas Christiansen, vice president of the Center of Equality, said he cried when he heard the ruling.

Christiansen has been in a committed relationship for more than a year, and while he isn't currently thinking about marriage, he said having it as an option is amazing.

"Even beyond the legal ruling it means that you are not a second-class citizen; your relationship means something, and you mean something."

Five of the couples involved in the lawsuit have already been married in Iowa, Connecticut or Minnesota.

Mark Church and husband Greg Kniffen were also plaintiffs in the case.

"It's pretty much what we've been saying all along, that we should have the same rights available to love and marry who we want," Church said.

Ashley Wright called her wife Barb as soon as she heard the ruling. The couple married in Minnesota, but live in Aberdeen. Both were plaintiffs in the federal suit.

"We're extremely excited about it," she said. "Hopefully we can start planning a wedding to get married here in the state. Other than that, we are waiting to hear if the state will appeal."

Rep. Steve Hickey, R-Sioux Falls, said the ruling was expected and is not a game-changer. Hickey, who has been a leading opponent of same-sex marriage, said the case is in court and he will wait to see what happens.

"My concerns remain the same," he said, "on if it's good for society and for our kids."

The lawsuit also challenges a U.S. provision allowing states not to recognize same-sex marriages performed elsewhere.