Judge Weighs Dismissal of SD Gay Marriage Lawsuit

A lawsuit challenging South Dakota's constitutional ban on gay marriage is headed to court.

Judge Karen Schreier will take oral arguments Friday in Sioux Falls on the state's request to dismiss the case filed in May by six couples. The U.S. Supreme Court last week denied appeals from five states, which allowed for expansion of marriage rights.

Attorney General Marty Jackley says South Dakota will continue to defend the ban despite the decision. He says the state still believes marriage should be defined by South Dakota voters and not by the federal courts. Minneapolis lawyer Josh Newville says the couples are frustrated the state denies them the right to marry and now wants to try to dismiss the case.