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South Dakota couples challenge gay marriage ban

By WTOP Staff

KEVIN BURBACH
Associated Press

SIOUX FALLS, S.D. (AP) — Six couples filed a federal lawsuit Thursday seeking to block South Dakota’s gay marriage ban, leaving North Dakota as the only state in the country with an unchallenged law prohibiting same-sex weddings.

The lawsuit, filed in U.S. District Court in Sioux Falls, challenges a 1996 law passed by the Legislature and a voter-approved 2006 constitutional amendment banning gay marriage, which means such cases are now pending in 30 states with gay marriage bans. The lawsuit also challenges a U.S. provision allowing states not to recognize same-sex marriages performed elsewhere.

In 19 states and the District of Columbia, gay couples already can wed, with Oregon and Pennsylvania becoming the latest to join the list this week when federal judges struck down their bans and officials decided not to appeal.

South Dakota Attorney General Marty Jackley said he’s obligated by law to defend the ban and that he believes that voters should decide whether same-sex couples should be able to marry. It’s possible that the U.S. Supreme Court or another federal court could hear another state’s lawsuit first, which would put South Dakota’s case on hold, he said.

“We would be behind several other states,” Jackley said.

He’s among the defendants that also include Gov. Dennis Daugaard, Health Secretary Doneen Hollingsworth, Public Safety Secretary Trevor Jones, Pennington County Register of Deeds Donna Mayer and Brown County Register of Deeds Carol Sherman.

Five of the couples already got married in Iowa, Connecticut and Minnesota. The sixth couple was denied a marriage license Thursday, Newville said.

One of the plaintiffs, Nancy Rosenbrahn, of Rapid City, married her longtime partner in April in Minneapolis. They and some of the other couples in the lawsuit are planning a June 7 wedding reception.

“It’s exciting, and for me it’s a proud moment to be a part of changing history. And I feel the weight of that — that this is going to affect so many people beyond us,” she said.

The lawsuit, filed by Minneapolis attorney Josh Newville, claims three violations that are guaranteed in the 14th Amendment to the U.S. Constitution: deprivation of equal protection, due process and right to travel.

“The State will incur little to no burden in allowing same-sex couples to marry and in recognizing the lawful marriages of same-sex couples from other jurisdictions on the same terms as different-sex couples, while the hardship to Plaintiffs of being denied due process, equal protection, and privileges or immunities is severe, subjecting them to an irreparable denial of their constitutional rights,” it states.

The complaint seeks a declaration that the statute and constitutional bans are unconstitutional and asks that the defendants be prevented from enforcing the bans and be required to issue marriage licenses to same-sex couples and recognize gay marriages from other states. It also seeks reimbursement for lawyers and other costs.

State Rep. Steve Hickey, a Sioux Falls pastor who believes marriage should be restricted to a man and woman, said the legal challenge has been years in the making and was inevitable.

“Christian people ought not to point fingers at the decline in America because we’ve been a part of it,” he said.

“This will probably get decided by one judge. One swing judge will decide this for 300 million people.”

North Dakota voters in 2004 overwhelmingly passed a constitutional ban on same-sex marriage.

Newville said several couples from North Dakota have contacted him about possibly representing them for a legal challenge in that state, which he’s seriously considering.

“What seemed doubtful just a few weeks ago seems possible now,” said Mara Morken Fogarty, a board member of the Pride Collective and Community Center, which provides resources to LGBT people in the Fargo-Moorhead area. Morken Fogarty and her partner were married last August after Minnesota legalized same-sex marriage.

If a challenge is filed in North Dakota, it will be met with staunch opposition, said Tom Freier, the executive director of the North Dakota Family Alliance, which campaigned to bring the measure to the North Dakota ballot in 2004.

“We are very comfortable and confident that the constitutional amendment we have should stand and if for some reason it wouldn’t, I’m very comfortable that our attorney general would appeal that,” he said.

Karyn Hippen, the mayor of Thompson, North Dakota, is that state’s first mayor to join a national coalition of mayors who support same-sex marriage. Although 73 percent of the voters favored the constitutional ban, Hippen said she believes there is support in the state for allowing same-sex marriage.

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Contact Walker at http://twitter.com/carsonjw and Burbach at http://twitter.com/kevinburbach .

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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