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According to Newville, the United States Court of Appeals for the Eighth District, which has jurisdiction in South Dakota, "is the only court that has a bad precedent on this issue." "In 2006 there was a challenge to Nebraska's [same-sex marriage] ban and during oral arguments one of the judges compared same-sex marriage to marrying your dog," Newville says. Windsor, which held that restricting the federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions is unconstitutional, gave Newville confidence South Dakota's same-sex marriage ban could be defeated.
"As you can imagine the opinion that came down ended up being hostile." (Read about that case here.) But the U. "Once Windsor came down, the opinion was clear about the animus and harm that comes from these kind of bans," Newville says.
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See also: Local gay guy emigrates from Wisconsin to Minnesota in search of a better life "The state will incur little to no burden in allowing same-sex couples to marry and in recognizing the lawful marriages of same-sex couples from other jurisdictions on the same terms as different-sex couples, while the hardship to plaintiffs of being denied due process, equal protection, and privileges or immunities is severe, subjecting them to an irreparable denial of their constitutional rights," the lawsuit says.
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"Constitutional litigation is an area I'm extremely interested in, gay rights and discrimination," Newville tells us.
"I grew up in a rural area in Wisconsin and wanted that to be changed, so when I was asked if I was interested [in the South Dakota case], I said, 'Absolutely.'" But the case isn't the slam dunk it might seem to be amid the same-sex marriage wave sweeping the country in recent years.
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