South Dakota was one of only two states with marriage bans that had not been sued. That changed last week when six couples filed a lawsuit in U.S. district court on Thursday, according to the Sioux Falls Argus Leader.
The suit challenges the state’s 1996 marriage law and 2006 constitutional amendment banning marriage between same-sex couples as well as the state’s right not to recognize out-of-state marriages. Five of the six couples were married in marriage-equality states. The sixth couple would like to marry in South Dakota.
On Wednesday, a suit challenged Montana’s marriage laws. North Dakota is now the only remaining state whose marriage ban is not facing judicial review. A suit in that state may be filed as early as this week.
Since the U.S. Supreme Court’s Windsor decision striking down parts of the Defense of Marriage Act last June, marriage equality has won in every suit that has come before a court.