Federal lawsuit filed against South Dakota's same-sex marriage ban
Today, six same-sex couples filed a lawsuit to block South Dakota's gay marriage ban.
This means North Dakota is the only state in the nation with a ban that hasn't been challenged in court.
The six couples hired a Minneapolis-based attorney.
The lawsuit challenges both South Dakota's ban on gay marriage and its refusal to recognize marriage of same-sex couples who were legally married in other states.
South Dakota is now facing a federal lawsuit against its ban on gay marriage.
Attorney Joshua A. Newville is handling the case.
"Like the rest of the county, South Dakota is a state filled with loving, committed couples, many of whom happen to be same-sex and they desire to be united in marriage," said Newville.
He added any same-sex marriage ban is unconstitutional.
"It's almost daily news at this point that a number of lawsuits being filed and then the ban being over turned by federal judges, by state judges," he continued.
And now he's helping South Dakota join the rest of the country.
"With the filing of this lawsuit South Dakota is joining the other states in the nation who are engaged in a very historic and important discussion about what it means to treat each other equally under the law," Newville said.
However Gov. Daugaard said the ban was put in place by the voters, and it may be up to them again.
"I think it should be up to the people of South Dakota to judge what their constitution allows, but we'll see where the federal judge comes down," said Gov. Daugaard.
Daugaard added it's Attorney General Marty Jackley's job to uphold South Dakota's laws.
"I know that when that lawsuit comes to South Dakota, the Attorney General, whose duty it is to defend our laws and constitutional provisions, will step up and defend them, and we'll see where that goes," Gov. Daugaard continued.
Jackley said he is obligated to defended South Dakota's constitution.
The couples' attorney said he is seriously considering filing a lawsuit in North Dakota to over turn their ban as well.
With South Dakota's suit, cases against gay marriage bans are pending in 30 states.