Urging the Supreme Court of the United States to establish marriage as between a man and a woman.
Summary
HCR6012 is a concurrent resolution in which the South Dakota Legislature formally protests the U.S. Supreme Court’s decision in Obergefell v. Hodges and urges the Court to reverse that precedent. The resolution asks the Court to restore a legal definition of marriage as the union of one man and one woman, and it frames the Obergefell ruling as inconsistent with the U.S. Constitution, historical understandings of liberty, and traditional marriage norms.
The resolution is largely declaratory and political rather than regulatory. It does not amend South Dakota statutes, create new state enforcement provisions, or directly change marriage law in the state; instead, it expresses the Legislature’s position on federal constitutional interpretation and the scope of state authority over marriage. Its practical effect would be limited to a formal legislative statement and a request for the U.S. Supreme Court to revisit same-sex marriage precedent.
Impact
Because HCR6012 is a concurrent resolution, it would not itself alter South Dakota’s marriage statutes or override federal constitutional law. Its impact is symbolic and advocacy-oriented: it would place the Legislature on record opposing Obergefell and supporting a return to a man-woman definition of marriage. The resolution is aimed at the U.S. Supreme Court and references state sovereignty over marriage, but it would not by itself change the legal rights of same-sex couples in South Dakota unless federal law or precedent changed separately.
Sentiment
The bill appears to have support from a portion of the Legislature but also notable opposition, as reflected in the 9-4 vote to defer it to the 41st legislative day. The text and caption show a strongly conservative, anti-Obergefell stance, and the resolution is framed as a defense of traditional marriage and religious liberty. The vote suggests the measure was not unanimously embraced and likely generated disagreement even among lawmakers who may share some of its underlying concerns.
Contention
The central point of contention is same-sex marriage and whether the U.S. Supreme Court should revisit Obergefell v. Hodges. Supporters of the resolution argue that marriage should be defined as between one man and one woman and that the issue belongs to the states, while opponents are likely to view the measure as an attack on settled constitutional rights and an unnecessary symbolic rebuke of LGBTQ+ equality. The resolution also raises broader disputes about judicial power, substantive due process, religious liberty, and whether state legislatures should formally challenge Supreme Court precedent.
A resolution to support the Obergefell decision and to reaffirm the definition of marriage as put forth by the founding principles including the separation of church and state.