South Dakota Marriage Definition, Amendment C (2006)
The South Dakota Marriage Definition Amendment, also known as Amendment C, was on the November 7, 2006 ballot in South Dakota as a legislatively-referred constitutional amendment, where it was approved. The measure amended the constitution to allow and recognize marriage only between a man and a woman. The measure also prohibited the legislature from allowing or recognizing civil unions, domestic partnerships or other quasi-marital relationships between two or more persons regardless of sex.
Judge Karen Schreier of the US District Court for South Dakota struck down the state's constitutional ban on same-sex marriage on January 12, 2015. The decision, however, was stayed pending a possible appeal by the state to the US Eighth District Court of Appeals.
Judge Schreier said the ban violated the federal constitution because it "deprives same-sex citizens of a fundamental right, and that classification is not narrowly tailored to serve a compelling state interest."
Attorney General Marty Jackley (R) said the state would appeal the ruling, contending:
|“||It remains the State's position that the institution of marriage should be defined by the voters of South Dakota and not the federal courts. Because this case presents substantial legal questions and substantial public interest, the Federal Court has stayed its judgment allowing South Dakota law to remain in effect pending the appeal.||”|
—Attorney General Marty Jackley
|South Dakota Amendment C (2006)|
|Overturned Case:Rosenbrahn v. Daugaard|
Text of measure
The text of the measure can be read here.
There were two main campaign committees involved with this ballot measure.
The South Dakota Family Policy 2006 Issue Fund supported passage of the amendment, and spent $123,166.
South Dakotans Against Discrimination opposed the amendment, and spent $171,578.
Top 5 contributors:
|Human Rights Campaign||25,695|
|Coalition for Progress||25,000|
|Gill Action Fund||25,000|
|ACLU of the Dakotas||5,010|
Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."
The following constitutional bans were approved by voters, but later overturned by courts:
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Montana Marriage Verification, Measure CI-96 (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Carolina Amendment 1, the Marriage Act (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- North Carolina Same-Sex Marriage, Amendment 1 (May 2012)
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Mississippi Marriage Definition, Amendment 1 (2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- South Dakota Marriage Amendment (2006)
- Texas Definition of Marriage Act, Proposition 2 (2005)
The following constitutional bans were approved by voters and have been upheld or not overturned by courts:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
The following constitutional bans were defeated by voters:
- Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.
- South Dakota 2006 ballot measures
- 2006 ballot measures
- List of South Dakota ballot measures
- History of Initiative & Referendum in South Dakota
- South Dakota Political Almanac, South Dakota Constitutional Amendments, Initiatives and Referendums 1970-2010
- South Dakota Secretary of State: 2006 Ballot Question Text
- South Dakota Political Almanac, "South Dakota Constitutional Amendments, Initiatives and Referendums 1970-2010," accessed August 26, 2014
- South Dakota Secretary of State, "Historical Election Data," accessed August 26, 2014
- The Guardian, "South Dakota same-sex marriage ban struck down by federal judge," January 12, 2015
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- Sioux Falls Argus Leader, "Judge rules S.D. same-sex marriage ban unconstitutional," January 13, 2015
- Follow The Money, "Report on Spending For and Against South Dakota Amendment C," accessed August 26, 2014
State of South Dakota
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | State Auditor | Secretary of Education | Director of Insurance | Secretary of Agriculture | Secretary of Environment and Natural Resources | Secretary of Labor | Chairman of Public Utilities |
|historical ballot measure article requires that the text of the measure be added to the page.|