This federal lawsuit challenges North Dakota's refusal to allow same-sex marriages or recognize those celebrated in other states. It was filed on June 6, 2014 in the U.S. District Court for the District of North Dakota, by seven same-sex couples. (Prior to this lawsuit, it seems that North Dakota was the only state that bans same-sex marriage without such a challenge pending.) One couple sought to marry in North Dakota; four were North Dakota residents who had married elsewhere; one couple had moved to North Dakota after a marriage elsewhere; and one, who married and resided out-of-state, included a member who worked for the State but whose benefits were adversely affected by the recognition ban. The plaintiffs alleged violations of the equal protection and due process clauses of the Fourteenth Amendment and sought declaratory and injunctive relief and attorney's fees.

The case was assigned to Magistrate Judge Karen K. Klein. On July 1, 2014, the defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted. On July 22, 2014, the plaintiffs filed a motion for summary judgment. On January 20, 2015, the court (Chief Judge Ralph R. Erickson) ordered a stay in this case pending the U.S. Supreme Court's decision in Obergefell v. Hodges. On January 23, 2015, the case was reassigned to Magistrate Judge Alice R. Senechal as referral judge.

On June 29, 2015, following the Supreme Court's Obergefell decision holding that state bans on same-sex marriage violate the 14th Amendment, the plaintiffs filed a motion to lift the stay and enter judgment in favor of the plaintiffs. That same day, Chief Judge Erickson granted the motion, granting the plaintiffs' motion for summary judgment and denying the defendants' motion to dismiss. The ordered declared N.D. Constitution Art. XI § 28, and North Dakota Century Code §§ 14-03-01 and 14-03-08 unconstitutional and invalid as applied to same sex marriages, and ordered the defendants to issue marriage licenses to same-sex couples, subject to the same restrictions and limitations applicable to opposite-sex couples.

The parties stipulated to and jointly moved for an award of attorney's fees to the plaintiffs on August 26, 2015. The court ordered the defendants to pay $58,000 in attorney's fees and costs to the plaintiffs pursuant to 42 U.S.C. § 1988 on September 14, 2015. The case is now closed.

- 06/08/2014
Sarah McDonald - 08/09/2018


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