State

  • Homosexuality
    ✔ Legal
  • Marriage
    ✔ Legal
  • Changing Gender
    ✔ Legal, surgery not required
  • Adoption
    Ambiguous
  • 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 South Dakota

?
Current status
(since Jun 26, 2003)
Legal
US Supreme Court ruling issued in Lawrence v. Texas struck down all sodomy laws on the basis of privacy and liberty. The decision overturned any laws remaining in all US states which prohibited acts of sodomy.
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in South Dakota

?
Current status
(since Jun 26, 2015)
Legal
The US Supreme Court rules that same-sex marriage is legal nationwide.
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log
Nov 7, 2006–Jun 26, 2015
Not legal
The state election in 2006 amended the constitution to include clauses that defined marriage as being between a man and a woman.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in South Dakota

?
Current status
Legal, surgery not required
Missing non binary options on documents.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex adoption in South Dakota

?
Jan 1, 2018–Sep 9, 2018
Legal
under state and federal law.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Current status
Ambiguous
Any person may adopt per S.D. Laws §25-6-2. However, second-parent adoption isn't legal.
Sources:
www.lambdalegal.org/states-region/south-dakota
S.D. Laws §25-6-2
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in South Dakota

?
Jun 11, 2018–Sep 7, 2018
No protections
No discrimination protections currently.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in South Dakota

?
Dec 16, 2014–Sep 22, 2018
Ambiguous
Sexual orientation and gender identity discrimination protection in public employment only in one county.
Sources:
No
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Current status
No protections
As of December 16, 2014, there are no legal protections for people who are LGBT in regards to employment.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in South Dakota

?
Current status
No protections
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)."
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Homosexuals serving openly in military in South Dakota

?
Current status
(since Sep 20, 2011)
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in South Dakota

?
Current status
Equal
Age of consent laws are equitable regardless of gender or orientation.
Sources:
South Dakota State Statutes: 22-22-1, 22-22-7, and 22-22-7.3
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Blood donations by MSMs in South Dakota

?
Jan 1, 1983–Aug 21, 2018
Banned (1-year deferral)
under a 2016 FDA ruling.
Sources:
No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
(since 1983)
Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in South Dakota

?
Feb 25, 2017–Sep 9, 2018
Not banned
Not criminalized anywhere in Central Midwest.
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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