PIERRE, S.D. (AP) — The state attorney general says South Dakota will continue to defend its constitutional ban on same-sex marriage despite a decision by the U.S. Supreme Court to not hear the issue.

Marty Jackley says the state still believes marriage should be defined by South Dakota voters and not by the federal courts. Jackley says the state’s “longstanding tradition” will now be tested in federal district court and likely the 8th Circuit Court of Appeals.

Six same-sex couples challenged the state’s ban in federal court in May with Minneapolis attorney Josh Newville. Newville questioned Tuesday whether South Dakota wants to be remembered as one of the last state’s in the country to legalize same-sex marriage.

Oral arguments are expected to be scheduled soon on the state’s motion to dismiss the lawsuit.