South Dakota Marriage Definition, Amendment C (2006)

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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.[1][2]


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.[3]

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.[4]

—Attorney General Marty Jackley[5]

Election results

South Dakota Amendment C (2006)
OverturnedotOverturned Case:Rosenbrahn v. Daugaard 
Yes 172,305 51.83%

Election results via: South Dakota Political Almanac, South Dakota Constitutional Amendments, Initiatives and Referendums 1970-2010

Text of measure

The text of the measure can be read here.

Campaign contributions

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.[6]


South Dakotans Against Discrimination opposed the amendment, and spent $171,578.[6]

Top 5 contributors:

Donor Amount
Human Rights Campaign 25,695
Coalition for Progress 25,000
Gill Action Fund 25,000
ACLU of the Dakotas 5,010
Jonathan Lewis 5,000

Related measures

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:


Cases overturning the following bans have been appealed to higher courts and are currently stayed:

Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.


The following constitutional bans were approved by voters and have been upheld or not overturned by courts:


The following constitutional bans were defeated by voters:

Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.

See also

Suggest a link

External links


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