HJR 1001 Proposing and submitting to the electors at the next general election an amendment to
Article XXI of the Constitution of the State of South Dakota, relating to the definition of
HJR 1001, as introduced, would define marriage in the Constitution as being only
between a man and woman. Any other variation of union, partnership, or personal
relationship would not be recognized by the State.
The cost to the State for Fiscal Year 2006 is not discernable.
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Since 1996, SDCL 25-1-1 has defined marriage as "a personal relation, between a man
and woman, arising out of a civil contract to which the consent of parties capable of
making it is necessary." Since no litigation costs can be attributed to this statutory
definition, it cannot be deduced that a similar definition in the Constitution would incur
litigation costs against the State.
If the Legislature were to approve HJR 1001, it would then be placed upon the general
election ballot in 2006. While it is the responsibility of the counties to pay most of the
cost of administrating elections, the marginal cost to include any single ballot issue
would be negligible.
APPROVED BY:_______________________________________ DATE:____________