Bills concerning social issues remain a staple in the current South Dakota Legislative session. Democrats and Republicans sponsor bills or resolutions that try to put their point of view into law or indicate the mood of the chambers.
Yesterday (Feb. 13, 2023), it was the Democrats’ turn.
Democratic Rep. Linda Duba of Sioux Falls sponsored a bill that would have changed South Dakota’s law to comply with the 2015 U.S. Supreme Court decision that does not allow states to prevent gay marriage. It would also comply with Congress’s passage in December of the Defense of Marriage Act, codifying the Supreme Court’s decision.
Current South Dakota law says, “Marriage is a personal relation, between a man and a woman, arising out of a civil contract….” HB 1092 would have changed SDCL 25-1-1 to say, “Marriage is a civil contract between two persons…”
Former Republican state legislator Casey Murschel, lobbying for the S.D. Advocacy Network for Women, said the bill would not require religions to perform services to same-sex couples. “The current law is inaccurate,” she said.
Opponent Florence Thompson, a South Dakota Citizens for Liberty lobbyist, disagreed with the change. “Marriage is between a man and woman,” she said. “That type of marriage (same sex) doesn’t fly with South Dakotans.”
The committee voted 7 to 5 to move the bill to the 41st Legislative Day, killing the measure.
(Story courtesy of the South Dakota Broadcasters Association.)
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