SIOUX FALLS, S.D. - South Dakota could end up owing hundreds of thousands of dollars in legal fees to the private attorneys who fought its ban on same-sex marriages unless a federal appeals court sides with the attorney general.

Minneapolis attorney Josh Newville has represented six same-sex couples for more than a year as they've challenged the state's ban. Newville hasn't been paid yet for his services and now plans to seek attorney's fees from the state.

Before he can do that, the federal 8th Circuit Court of Appeals has to affirm the decision U.S. District Judge Karen Schreier made in January that declared the ban was unconstitutional.

Attorney General Marty Jackley this week filed a motion seeking to dismiss the case, arguing Schreier erred in her original ruling.

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