SIOUX FALLS, S.D. — The attorney representing six same-sex couples in South Dakota has formally asked an appeals court to affirm a judge’s ruling that declared the state’s ban on same-sex marriages is unconstitutional.

Minneapolis attorney Josh Newville filed his motion Friday suggesting to the judges of the 8th Circuit Court of Appeals to affirm the ruling issued by U.S. District Court Judge Karen Schreier in January.

Newville is asking the court to affirm Schreier’s decision in light of the ruling made by the U.S. Supreme Court. He’s also asking the judges to lift the stay that prevented Schreier’s ruling from taking effect.

If the court affirms Schreier’s ruling, Newville could then pursue legal fees from the state. He has represented his clients for over a year and says he has not charged them.

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