Joshua A. Newville
Joshua A. Newville
|Born||August 9, 1984|
|Known for||Same-sex marriage litigation|
Joshua A. Newville, known as simply Josh Newville (born August 9, 1984), is an American attorney and gay rights advocate. He is an Associate Attorney at Madia Law LLC, a Minneapolis, MN-based law firm owned by Ashwin Madia specializing in civil rights and employment discrimination civil litigation. In 2014, Newville sued state officials in both South Dakota and North Dakota over the states' bans on same-sex marriage. Newville gained national attention for taking on the last two unchallenged state bans on same-sex marriage in the United States.
Same-sex Marriage Litigation
On May 22, 2014, Newville filed a federal lawsuit, Rosenbrahn v. Daugaard, on behalf of six same-sex couples against South Dakota officials, seeking the right to marry and recognition of marriages performed in other jurisdictions.
U.S. District Court Judge Karen Schreier heard arguments in Rosenbrahn v. Daugaard on October 17. The state defendants argued she was bound by the United States Court of Appeals for the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning (2006), which Newville argued did not address the questions the plaintiffs raised in his case. On November 14, Judge Schreier denied the defense's motion to dismiss. She found Baker is no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry. She dismissed the plaintiffs claim that South Dakota violates their right to travel. She set a briefing schedule to conclude December 8.
On January 12, 2015, U.S. District Court Judge Karen Schreier granted Newville's motion for summary judgment in Rosenbrahn v. Daugaard, striking down South Dakota's ban on same-sex marriage but putting a stay on her order until appeals are exhausted. South Dakota Attorney General Marty Jackley immediately announced that he would appeal the decision to the United States Court of Appeals for the Eighth Circuit, and Newville announced that he would also appeal the stay.
- https://www.facebook.com/joshnewville "Facebook" Retrieved November 14, 2014.
- Madia Law profile
- http://blog.pfaw.org/content/Dakotans-File-Suit-All-Fifty-States-Now-Have-Either-Marriage-Equality-or-a-Legal-Challenge-in-Progress People For The American Way. Retrieved November 10, 2014.
- Chokshi, Niraj (May 22, 2014) https://www.washingtonpost.com/blogs/govbeat/wp/2014/05/22/meet-the-guy-who-may-take-the-last-unchallenged-gay-marriage-bans-to-court/ The Washington Post. Retrieved November 10, 2014.
- Winter, Michael (June 6, 2014) https://www.usatoday.com/story/news/nation/2014/06/06/north-dakota-same-sex-marriage-ban/10082033/ USA Today. Retrieved November 10, 2014.
- Ashlock, Austin (May 23, 2014) http://www.argusleader.com/story/news/local/2014/05/22/six-south-dakota-couples-challenge-gay-marriage-ban/9458003/ The Argus Leader. Retrieved November 10, 2014
- Madia Law LLC. Retrieved November 10, 2014
- Howard, Adam (May 23, 2014) http://www.msnbc.com/msnbc/south-dakota-same-sex-marriage-ban MSNBC. Retrieved November 10, 2014.
- Chokshi, Niraj (June 6, 2014) https://www.washingtonpost.com/blogs/govbeat/wp/2014/06/06/nations-last-unchallenged-gay-marriage-ban-brought-to-court/ The Washington Post. Retrieved November 10, 2014.
- Young, Steve (October 17, 2014). http://www.argusleader.com/story/news/politics/2014/10/17/judge-will-file-decision-later-sd-gay-marriage-lawsuit/17432995/ The Argus Leader. Retrieved November 10, 2014.
- http://www.myfoxtwincities.com/story/27419715/mpls-attorney-josh-newville-leads-gay-marriage-fight-in-dakotas-says-law-trumps-public-opinion KMSP. Retrieved December 3, 2014.
- "Order on Motion to Dismiss." Scribd.com. https://www.scribd.com/doc/246625606/4-14-cv-04081-38-Order U.S. District Court for South Dakota. Retrieved November 14, 2014.
- (January 12, 2015). https://www.nytimes.com/aponline/2015/01/12/us/ap-us-gay-marriage-south-dakota.html?_r=0 The New York Times. Retrieved January 15, 2015.
- Wicks, Victoria (January 12, 2015). http://listen.sdpb.org/post/same-sex-marriage-rights-attorney-applauds-win-will-appeal-stay South Dakota Public Broadcasting. Retrieved January 15, 2015.