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Attorney to challenge hold on South Dakota same-sex marriage ruling

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In an email Tuesday, Jackley said a ruling that reverses the decisions of almost a third of the state’s citizens deserves a second opinion.

“A ruling on a novel legal question that overturns 172,242 South Dakotans’ decision at the ballot box is substantial and deserving of review by a higher court, particularly in light of the inconsistent interpretations occurring across the country,” he said.

Following his annual State of the State speech Tuesday, Gov. Dennis Daugaard, who opposes legalizing same-sex marriage, said the costs associated with defending the state’s marriage ban are reasonable.

“I don’t think (the cost of the litigation is) significant given the importance of the issue,” he said.

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The Supreme Court again is considering whether to hear a gay marriage case, and another factor has raised the likelihood the justices will do so. In November, the federal court of appeals based in Cincinnati became the first, and so far only, appellate court to uphold state bans on same-sex marriage. Plaintiffs from Kentucky, Michigan, Ohio and Tennessee are asking to court to reverse that decision.

Newville said he plans to challenge the hold on Schreier’s ruling regardless of whether the high court takes up the issue, since any Supreme Court decision still wouldn’t come until June.

“If these are fundamental rights, why can’t we give them those rights?” he said.

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