One state left without marriage ban lawsuit after South Dakota challenge

Mount RushmoreSouth 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.

—  David Taffet

A Texas-sized legislative closet

As another legislative session gets under way in Austin, GayPolitics.com reports today that Texas is now one of only 18 states with no openly LGBT state lawmakers. California and Maryland are tied for the most openly LGBT lawmakers, with seven each. Four states have no openly LGBT elected officials at any level of government — Alaska, Kansas, Mississippi and South Dakota.

Texas has had only one openly LGBT state lawmaker in its history — Democratic Rep. Glen Maxey of Austin, who served from 1991 until 2003.

Of course, with 150 people in the House and 31 in the Senate, it’s all but certain that a few Texas lawmakers are LGBT.

The reason we have no seat at the table is that the chairs are all stacked in the closet.

Anyone wanna help us get them out?

—  John Wright