A federal judge in South Dakota struck down the state's ban on same-sex marriage as unconstitutional because it violates the Fourteenth Amendment's right to equal protection under the law. "Plaintiffs have a fundamental right to marry," Judge Karen Schreire, a Clinton appointtee wrote. "South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification." The decision has been stayed pending appeal.
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