Same-Sex Marriage: 8th Circuit Expedites Review, Sets Oral Arguments In Mid-May

The 8th Circuit Court of Appeals has agreed to hear South Dakota’s appeal of a ruling that the state’s ban on same-sex marriage is unconstitutional. Oral arguments are scheduled for mid-May in Omaha. The court expedited the case so South Dakota can be heard at the same time as Arkansas and Missouri. Earlier this year, Federal Judge Karen Schreier ruled that the state’s ban on same-sex marriage is unconstitutional, but stayed the decision pending appeal. Both the defendants and plaintiffs in that case asked the 8th Circuit Court of Appeals for a quick review, although for different reasons. The state wants the decision overturned, and same-sex couples want the stay lifted. In April the U.S. Supreme Court is considering whether states can legally ban same-sex marriage, with an opinion expected at the end of June, so the 8th Circuit decision is expected to come in before then.