| South Dakota
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State Information
Government Website:
http://legis.state.sd.us/sessions/2004/index.cfm
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Outline of State Law
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| Current Status of Law Concerning Marriage and Date of Passage |
1996 - State Law Passed |
2006 - Constitutional Amendment |
| State Law Prohibits/Voids Same Sex/Same Gender Marriage |
no |
yes |
| State Law Defines Marriage between a Man and a Woman |
yes |
no |
| State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States |
no |
yes |
| State Law States that Same Sex Marriage is not Aligned with State Public Policy |
no |
no |
| State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife |
no |
no |
Statutory Provision
South Dakota Stat. Tit. 25, Chap. 1, §1. Marriage defined--Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
Constitutional Provision
South Dakota Const., Art. XXI, § 9.
Only a marriage between a man and woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota
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U.S. Senators
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John Thune, Repbulican
http://thune.senate.gov/
This senator was elected in 2004, therefore not present for the federal DOMA or the Marriage Protection Amendment in 2004. The senator voted for the MPA in 2006.
Tim Johnson, Democrat
http://www.senate.gov/~johnson/
As a member of the House, Johnson voted for the federal DOMA in 1996. The senator voted against the Marriage Protection Amendment in 2004 and 2006.
State Public Policy Organizations Working on Marriage Issues
South Dakota Family Policy Council
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