South Dakota Constitutional Law Law News - South Dakota Supreme Court Strikes Down Controversial Amendment to State Constitution

In a groundbreaking decision, the South Dakota Supreme Court has ruled that a controversial amendment to the state constitution passed in the 2024 elections is unconstitutional. The amendment, known as Amendment 37, sought to restrict voting rights for certain groups of individuals in the state.The court's decision, which was handed down on Thursday, October 21, 2025, was unanimous, with all seven justices agreeing that Amendment 37 violated the rights of South Dakota citizens under both the state and federal constitutions. The ruling was met with cheers and applause from civil rights activists and voters who had challenged the amendment in court.Amendment 37, which was proposed by a coalition of conservative groups and approved by voters in a narrow margin in the 2024 elections, sought to require voters to present specific forms of identification at the polls in order to cast their ballots. The amendment also included provisions that would have made it more difficult for certain groups, such as college students, Native Americans, and low-income individuals, to vote.In their ruling, the justices cited several reasons for striking down the amendment, including the fact that it violated the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, as well as the Voting Rights Act of 1965. The court also noted that the evidence presented by the plaintiffs demonstrated that the amendment would disproportionately impact marginalized communities and suppress their right to vote.The decision has been hailed as a major victory for voting rights in South Dakota, and has been met with widespread praise from civil rights organizations and advocates. South Dakota ACLU Executive Director, Jane Doe, issued a statement following the ruling, saying, "Today's decision reaffirms the fundamental principle that every eligible voter in South Dakota has the right to cast their ballot without undue burdens or obstacles."As a result of the court's ruling, Amendment 37 has been struck down and will not be implemented in future elections. The South Dakota Secretary of State's office has indicated that they will work to ensure that all voters in the state have full access to the ballot box in accordance with the court's decision.Overall, the ruling serves as a reminder of the importance of upholding the principles of democracy and protecting the voting rights of all citizens, regardless of their background or circumstances. It also underscores the critical role that the judiciary plays in safeguarding constitutional rights and ensuring that justice prevails.

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