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.
S.D. Codified Laws § 25-1-38
Validity of marriages contracted outside state--Same-sex marriages excluded
Applied in 4 court decisions — leading case Rosenbrahn v. Daugaard (2015)
Most recently applied in Rosenbrahn v. Daugaard (January 2015)
Source: SDC 1939, § 14.0103; SL 2000, ch 115, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.