Lawyer Wants Summary Judgment in Challenge to South Dakota Gay Marriage Ban: VIDEO

Newville-better-crKSFY reports that late last Thursday night, Minneapolis-based Lawyer Joshua Newville (pictured) filed a request with the state of South Dakota to resolve the state's gay marriage ban in a different way. In lieu of the current lawsuit going to trial, Newville argues that the judge should bypass the trial and declare the marriage ban unconstitutional.

Newville emphasizes both the importance of fast action for families whose fate hangs in the balance, and legal precedence — he points out that: "Of the 22 or 23 cases that have been decided in the last year, the vast majority of them have been decided this way [by a judge]."

The court has 21 days to reply to Newville's request.

For video of Newville's comments, as well as those of South Dakotans, check out the video via KSFY embedded AFTER THE JUMP…

KSFY News – Sioux Falls, SD News, Weather, Sports


  1. ben~andy says

    OK, he said “precedent” not “presidence” but I guess there isn’t spell checker where these things get posted?

    And he’s being coy, we’ve not lost a single ruling on a case. We’ve had stays put on, but as for rulings in a case, we’re something like 26-27 wins to zero lost.

  2. JJ says

    @JAKE FOLSOM, there’s nothing novel about a motion for summary judgement. It’s perfectly routine in these cases. A trial is only needed if the litigants disagree on the facts of the case. Most marriage suits proceed to summary judgment, if I’m not mistaken.

  3. jason MacBride says

    Judges are very reluctant to grant summary judgments because that is the ruling on which they are most often reversed. The lawyer would be negligent if he didn’t file that motion, but the odds of it being granted are low. The odds of winning after an evidentiary hearing are, as we’ve seen throughout the nation, quite high.

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