State

  • Homosexuality
    ✔ Legal
  • Marriage
    ✔ Legal
  • Changing Gender
    ✔ Legal, but requires surgery
  • Adoption
    ✖ Single only
  • Discrimination
    ✖ No protections
  • Employment Discrimination
    ✖ No protections
  • Housing Discrimination
    ✖ No protections
  • Military
    ✔ Legal
  • Age of Consent
    ✔ Equal
  • Donating Blood
    ✖ Banned (indefinite deferral)
  • Conversion Therapy
    Ambiguous

History

Homosexual activity in North Dakota

?
Current status
(since 1973)
Legal
Sources:
North Dakota S.L. [Laws of North Dakota] 1973, ch. 117
glapn.org/sodomylaws/sensib…
Added by nickreitan  ·  1 accurate vote  ·  Report Error  ·  Log
Until 1973
Illegal (imprisonment as punishment)
North Dakota enacted a sterilization law for people who were "sexual deviants, perverts". Such law required no previous action, but right to sterilize based upon status alone. The law was repealed in 1965, S.L 1973 ch. 117.
Sources:
Laws of Dakota 1862, page 165, ch. IX, §47, enacted Apr. 28, 1862
Laws of North Dakota 1903, page 285, ch. 206, enacted Mar. 13, 1903
Laws of North Dakota 1973, ch. 117
glapn.org/sodomylaws/sensib…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in North Dakota

?
Current status
(since Jun 26, 2015)
Legal
The US Supreme Court rules that same-sex marriage is legal nationwide.
Added by danlev  ·  2 accurate votes  ·  Report Error  ·  Log
Until Jun 26, 2015
Unrecognized, only same-sex marriage official
"A spouse refers only to a person of the opposite sex who is a husband or a wife."
Sources:
North Dakota Century Code 14-03-01: What constitutes marriage - Spouse defined.
legis.nd.gov/cencode/t14c03…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in North Dakota

?
Current status
(since 2006)
Legal, but requires surgery
Sources:
North Dakota Century Code, 23-02.1-25
legis.nd.gov/cencode/t23c02…

North Dakota Administrative Code § 33-04-12-02
lambdalegal.org/publication…
hrc.org/laws-and-legislatio…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log
Jan 1, 2006–Sep 8, 2018
Legal, but requires surgery
requires surgery to change birth certificates. Changes pending. Missing non binary options on documents.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in North Dakota

?
Jan 1, 2015–Sep 6, 2018
Legal
Currently laws are being updated.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
Single only
"The following individuals may adopt:

1. A husband and wife together although one or both are minors.
2. An unmarried adult.
3. The unmarried father or mother of the individual to be adopted.
4. A married individual without the other spouse joining as a petitioner, if the individual to
be adopted is not the adopting person's spouse, and if:
a. The petitioner is a stepparent of the individual to be adopted and the biological or
legal parent of the individual to be adopted consents;
b. The petitioner and the other spouse are legally separated; or
c. The failure of the other spouse to join in the petition or to consent to the adoption
is excused by the court by reason of prolonged unexplained absence,
unavailability, incapacity, or circumstances constituting an unreasonable
withholding of consent."
Sources:
North Dakota Century Code, 14-15-03 § 1-4
legis.nd.gov/cencode/t14c15…
Added by nickreitan  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in North Dakota

?
Jan 1, 2001–Sep 7, 2018
Illegal in some contexts
Only sexual orientation in public employment only.
Sources:
No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Sources:
North Dakota Century Code, 14-02.4-01
legis.nd.gov/cencode/t14c02…
nd.gov/labor/human-rights/
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in North Dakota

?
Jan 1, 2001–Sep 18, 2018
No protections
None exist.
Sources:
No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
No protections
Certain municipal laws allow non-discriminatory codes for city employees. eg. Fargo & Grand Forks. Otherwise, as of December 16, 2014, there are no statewide legal protections for people who are LGBT in regards to employment.
Sources:
North Dakota Century Code, 14-02.5
legis.nd.gov/cencode/t14c02…
nd.gov/labor/human-rights/

Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in North Dakota

?
Current status
No protections
"...does not apply to an individual because of
an individual's sexual orientation or because that individual is a transvestite"

This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.

However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Sources:
North Dakota Century Code, 14-02.5-01 § 6
legis.nd.gov/cencode/t14c02…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

Homosexuals serving openly in military in North Dakota

?
Current status
(since Sep 20, 2011)
Legal
Legalized with national passing of Don't Ask, Don't Tell Repeal Act of 2010.
Sources:
Senate Bill, S.2043
thomas.loc.gov/cgi-bin/bdqu…
House of Representatives Bill, H.R.2965
thomas.loc.gov/cgi-bin/bdqu…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

Equal age of consent in North Dakota

?
Current status
Equal
Sources:
North Dakota Century Code, 14-10-01 Minors Defined.
legis.nd.gov/cencode/t14c10…
North Dakota Century Code, 12.1-20 Sex Offenses
legis.nd.gov/cencode/t12-1c…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in North Dakota

?
Current status
(since Jan 1, 1983)
Banned (indefinite deferral)
Banned due to national FDA Guidelines.
Added by nickreitan  ·  3 accurate votes  ·  Report Error  ·  Log
Jan 1, 1983–May 31, 2018
Banned (1-year deferral)
Under a ruling by the FDA in 2016.
Sources:
No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in North Dakota

?
Feb 25, 2017–Jul 19, 2018
Not banned
Not outlawed.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Current status
Ambiguous
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log


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