Attorney Josh Newville is representing five gay couples and one lesbian couple against the state. The lesbian couple was already married in neighboring Minnesota, but South Dakota refused to recognize their marriage due to a ban on same-sex marriage tacked onto the state's constitution in 2006. That prompted Nancy and Jennie Rosenbrahn to take legal action.
South Dakota Attorney General Marty Jackley has said he will defend the state's right to discriminate against gay and lesbian couples, defying legal and moral precedent set by the U.S. Supreme Court and lesser federal judges.
North Dakota is now the only state with an unchallenged ban on marital rights for same-sex couples.