South Dakota Sex Laws
http://legis.sd.gov/Statutes/Codified_Laws/default.aspx
Last update: 9/7/2014
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25-4-2. Grounds for divorce. Divorces may be granted
for any of the following causes:
(1) Adultery;
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STATE AFFAIRS AND GOVERNMENT |
1-14-3.1. Extraordinary litigation fund--Use--Continuous
appropriation--Sovereign immunity--Life protection subfund. There is
established in the state treasury the extraordinary litigation fund. The fund
shall be maintained separately and administered by the Bureau of
Administration. The fund may be used for plaintiff attorney fee awards,
retention of outside counsel, settlement costs, or other litigation expenses
not otherwise eligible to be paid under § 3-22-1. Unexpended money and any
interest that may be credited to the fund shall remain in the fund. The
extraordinary litigation fund, including any subfunds created within it, is
hereby continuously appropriated and shall be budgeted through the
informational budget process. The creation and funding of this fund does not
constitute a waiver of the state's sovereign immunity.
The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of the Bureau of Administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with §§ 4-5-30 and 4-5-30.1.
Source: SL 2004, ch 56, § 1; SL 2005, ch 7, § 1; SL 2006, ch 3, § 1.
Yet…
CRIMES, Unauthorized Abortion
22-17-9. Sale, use, prescription, or administration of contraceptives not prohibited--Conditions. Nothing in § 22-17-8 may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
Source: SL 2006, ch 119, § 3.
22-17-9 was supposedly repealed by referendum. Here’s the link.
http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=22-17-7
Are you confused yet? We are.
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Title 25 |
DOMESTIC RELATIONS |
01. Validity And Performance Of Marriages
25-1-1 Marriage defined--Consent and solemnization required.
25-1-1. Marriage defined--Consent and solemnization required. Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
Source: SDC 1939, § 14.0101; SL 1959, ch 50, § 1; SL 1996, ch 161.
The following text was found by a text search for “civil union.” We were unable to find its location in the code.
§ 9. Marriage. Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
History: Amendment proposed by SL 2005, ch 1, § 2, approved Nov. 7, 2006.
22. Sex Offenses
22-22-2 Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted.
22-22-2. Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted. Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person's body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.
Source: SDC 1939, § 13.2802; SL 1975, ch 169, § 2; SL 1980, ch 176, §§ 1, 2; SL 1986, ch 181; SL 1993, ch 178, § 4; SL 1997, ch 133, § 1.
November 7, 2006: South Dakota voters passed an amendment to the state constitution prohibiting same-sex marriage with 52% of the vote. This is one of two of the lowest percentage for any state that has passed such an amendment by popular vote - the other one being California's Proposition 8 in November 2008, also with 52% of the vote.
Texts :
South Dakota Constitution - Article XXI Miscellaneous; Section 9. Marriage
Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
South Dakota Codified Laws - Title 25. Domestic relations - Chapter 01. Validity And Performance Of Marriages
25-1-1 Marriage defined—Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
25-1-38. Validity of marriages contracted outside state—Same-sex marriages excluded.
Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
22-1-2. Definition of terms. Terms used in this title mean:
(31) "Person," any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. If the term is used to designate a party whose property may be the subject of a crime or petty offense, it also includes the United States, any other country, this state, and any other state or territory of the United States, and any of their political subdivisions, agencies, or corporations;