Appeals Court Affirms South Dakota Judge’s Ruling on Gay Marriage Ban

SIOUX FALLS, S.D. (AP) — A federal appeals court has affirmed a South Dakota judge's ruling on the state's same-sex marriage ban, allowing the plaintiffs' attorneys to formally seek legal fees.

The 8th U.S. Circuit Court of Appeals released its opinion Tuesday that affirms the January decision of U.S. District Court Judge Karen Schreier that the state's ban is unconstitutional. Six same-sex couples challenged the ban in a lawsuit filed in May 2014.

Josh Newville says he and other attorneys have worked for more than a year without being paid. Newville says he'll now try to reach a settlement with the state to collect attorney's fees.

He says if a settlement can't be reached, he'll ask a federal court to award fees.

Attorney General Marty Jackley didn't immediately respond to a request for comment.

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