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A young man from New Richmond, two years out of law school, is the lead attorney challenging the exclusionary marriage bans in both Dakotas:

An associate attorney for Madia Law in Minneapolis, Josh Newville was introduced to the opportunity by his friend and former law school mentee David Patton, who connected him with a lesbian couple desiring to challenge the same-sex marriage ban in South Dakota. After local attorneys and national organizations turned down the case, Patton thought to call Newville.

“David knew I had a strong interest in marriage equality and that I took several advanced seminars focusing on discrimination and civil rights constitutional law,” Newville said. “He asked if I was interested, and I said absolutely.”

On May 22, Newville filed a federal lawsuit in the U.S. District Court in Sioux Falls, S.D., on behalf of six same-sex couples who either want to be married in the state or want their out-of-state marriages to be recognized.
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Although 19 states have legalized same-sex marriage since the Supreme Court struck down the Defense of Marriage Act last summer, the road ahead of Newville is not without hurdles. According to a 2013 Gallup survey, North Dakota has the smallest LGBT population, sitting at 1.7 percent.

In Newville’s opinion, one of the biggest challenges of the case is helping people understand that issues of discrimination are not subject to popular opinion under the Constitution.

“It doesn’t matter whether the majority of Wisconsin residents approve of same-sex marriage,” he said. “The constitution was established to prevent the tyranny of the majority.”

New Richmond in St. Croix County, along with Barron County and a smattering of others here in Wisconsin, are resisting implementing the consequences of Judge Barbara Crabb's judicial order (marriage licenses issued to all qualifying couples), awaiting further advice by the State Attorney General -- who has indicated he will appeal the ruling-- and the expected ACLU suggestions on how the counties should practically proceed.

Same-sex marriage here waits for clarification
Posted: Wednesday, June 11, 2014 8:05 am
Bob Zientara | 0 comments

US. District Court Judge Barbara Crabb has issued a ruling striking down Wisconsin’s ban on same-sex marriage. But, on the advice of Corporation Counsel John Muench, Barron County will continue to issue licenses as it has – that is, to heterosexual couples or to same-sex partners who choose to opt for documentation of “civil unions,” according to County Clerk DeeAnn Cook. ...

Good work, and good luck, Josh!
#NorthDakotaLove