Marriage is about commitment, love, sharing and compromise. It is a private, personal choice that should not be denied to anyone.
The same can be said about divorce.
That’s why no-fault divorce – meaning that the filing spouse is not required to show wrongdoing by the other spouse as the reason for dissolution of the marriage – is so important.
And that’s why the ACLU of South Dakota commends the House Judiciary Committee for its vote today to kill House Bill 1254, legislation that would have removed irreconcilable differences as a cause for divorce.
“The motivation behind House Bill 1254 is fueled by a desire to rewrite society to fit within conservative faith-based family values – where one man and one woman marry, have children and remain married until death,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “While this is a lifepath that many people choose, it’s also a vision that leaves little room for the complexities we face in our ever-changing world and the various ways these complexities impact our lives. This simply isn’t the way things shake out for everyone. Just like entering into marriage, everyone should have complete agency to leave a marriage for any reason, without government interference. You are the author of your life story, not politicians.”
Extreme ideology about what American family life should look like becomes dangerous when it morphs into public policy. This is the fifth time that Rep. Tony Randoph, the prime bill sponsor, has introduced legislation to remove irreconcilable differences as grounds for divorce.
In South Dakota, 97.6% of couples ending their marriage cite irreconcilable differences — South Dakota’s no-fault option — as grounds for divorce.
About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.
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