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Attorney General Marty Jackley

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Federal Court Grants In Part State’s Motion to Dismiss Same-Sex Marriage Case
PIERRE, S.D – Attorney General Marty Jackley announces that the South Dakota District Court today issued an order dismissing part of the Plaintiffs’ claims in the same-sex marriage case, Rosenbrahn v. Daugaard. The merits of the remaining claims will be determined on summary judgment. The Defendants’ cross-motion for summary judgment and response to the Plaintiffs’ motion for summary judgment is to be filed by November 28, 2014.

The Court dismissed Plaintiffs’ claim that the State’s marriage laws violated their constitutional right to travel. Plaintiffs’ equal protection and due process claims were not dismissed and will be addressed on the merits during the summary judgment process.

“It remains the State’s position that the institution of marriage should be defined by the voters of South Dakota, and not by the federal courts,” stated Attorney General Marty Jackley.