When will same-sex marriage be legal in South Dakota?

Same sex marriage was legalized in all 50 states on June 26, 2015.

Same-sex marriage is likely to become legal in South Dakota in 2015 when the temporary stay of the US District Court's ruling striking down the ban on same-sex marriage is lifted.

It could be lifted by either the District Court, the 8th Circuit Court of Appeals or the US Supreme Court, either by one of these refusing to hear the case, or agreeing to hear it but lifting the stay, or agreeing to hear it and deciding in favor of Plaintiffs.

Same-sex marriage is likely to become legal in South Dakota some time in 2015 under one of the following scenarios:

  • Defendants choose not to appeal US District Court's decision striking down South Dakota's ban on same-sex marriage, then USDC DSD lifts the temporary stay.
  • Defendants appeal to the 8th Circuit Court of Appeals, but the 8th Circuit refuses to hear the case and the stay is lifted.
  • Defendants appeal to the 8th Circuit Court of Appeals, but Plaintiffs prevail.
  • Defendants appeal to the US Supreme Court for an emergency stay, but SCOTUS declines the request.