Attorney General Marty Jackley says South Dakota will appeal Monday’s federal court decision that declared the state’s same-sex marriage ban unconstitutional. U.S. District Judge Karen Schreier ruled for six couples who filed a lawsuit challenging the state’s ban on gay marriages and refusal to recognize marriage of same-six couples legally wed in other states. But at the same time, Schreier delayed implementation of the decision pending an appeal. Jackley, who says he was not totally surprised by the ruling, says the state will appeal to the Eighth Circuit Court of Appeals.
Jackley says the appeal could be heard fairly soon because other states with similar cases, such as North Dakota, also will likely be heard by the same Eighth Circuit panel. Jackley expects some type of ruling this year. While the U.S. Supreme Court may have the final say on the issue, Jackley says he is compelled to defend the state’s ban because it was approved by the voters. Jackley says the state believes this is an issue best decided by the voters than the courts.
Since most of the briefs and documents are the same in each case, Jackley says the expense to South Dakota for defending the ban has not been expensive. He says an appeal may eventually cost about $1,000.