Domestic Partnerships in South Dakota: Not Legal; Same-Sex Marriage Is
South Dakota does not recognize domestic partnerships (for same-sex or opposite-sex couples) at the state level.
Current Legal Landscape
- Same-sex marriage: Legal since June 26, 2015 (U.S. Supreme Court, Obergefell v. Hodges). All counties issue licenses.
- Civil unions/domestic partnerships: Never enacted statewide. Some cities (e.g., Sioux Falls) may have limited employee benefits, but no legal status.
- Common-law marriage: Not recognized (abolished 1959).
Practical Implications
- Couples seeking legal protections must marry.
- Out-of-state domestic partnerships/civil unions are not recognized.
- Estate planning (wills, powers of attorney, beneficiary designations) essential for unmarried couples.