S.D. Codified Laws § 25-1-38 : — DOMESTIC RELATIONSVALIDITY AND PERFORMANCE OF MARRIAGES —1-38 - Validity of marriages contracted outside state-Same-sex marriages excluded TEXT PDF Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state. SDCL 25-1-38 SDC 1939, § 14.0103; SL 2000, ch 115, §1.