Minneapolis attorney Josh Newville is representing Jennie and Nancy Rosenbrahn and five other South Dakota couples.
Newville says if the lawsuit is dismissed he will immediately appeal to the federal 8th Circuit Court of Appeals.
Schreier will only hear arguments on the motion to dismiss next week.
Newville has also filed a motion asking the Schreier to rule on the case and bypass a trial, which would be heard later if the case is not dismissed.
The case is Rosenbrahn v. Daugaard.
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