- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ No protections
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- Varies by Region
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Censorship of LGBT issues in North Dakota is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in North Dakota.
Right to change legal gender in North Dakota is legal, but requires medical diagnosis.
Current status
Since Feb 1, 2022
Legal, but requires medical diagnosis
Gender may be changed on state IDs if a social transition has been completed.
Surgery is still required for birth certificates to be changed.
Surgery is still required for birth certificates to be changed.
Legal, but requires surgery
To change their gender marker, trans people in North Dakota have to have their sex changed with "anatomically correct genitalia for the identified sex as certified by a medical provider".
Gender-affirming care in North Dakota is legal, but banned for minors.
Current status
Since Apr 20, 2023
Legal, but banned for minors
Adults over the age of 19 are eligible for gender affirming care under Medicaid. Minors under 18-19 are unable to get gender affirming care, there is a court case going on for the gender affirming care ban for minors. The new law is still in effect.
Legal recognition of non-binary gender in North Dakota is not legally recognized.
Current status
Not legally recognized
North Dakota does not legally recognize a third gender.
Hate crime protections in North Dakota is no protections.
Current status
No protections
North Dakota law does not provide hate crime protections on the basis of sexual orientation and gender identity.
LGBT discrimination in North Dakota is no protections.
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
LGBT employment discrimination in North Dakota is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No state protections exist.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels.
No statewide protections exist, but in 2015, the North Dakota Senate passed a bill which would've introduced protections for sexual orientation and gender identity; however, the bill failed in the North Dakota House of Representatives.
No statewide protections exist, but in 2015, the North Dakota Senate passed a bill which would've introduced protections for sexual orientation and gender identity; however, the bill failed in the North Dakota House of Representatives.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No statewide protections exist.
LGBT housing discrimination in North Dakota is varies by region.
Current status
Varies by Region
"...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 on the basis of sexual orientation or gender identity; however, Grand Forks does provide housing discrimination protections on the basis of sexual orientation and gender identity.
Additionally, HUD's 2012 Equal Access Rule prohibits discrimination on the basis of sexual orientation for housing programs, shelters and other HUD-funded providers.
an individual's sexual orientation or because that individual is a transvestite"
This state does not provide any legal protections from discrimination on the basis of sexual orientation or gender identity; however, Grand Forks does provide housing discrimination protections on the basis of sexual orientation and gender identity.
Additionally, HUD's 2012 Equal Access Rule prohibits discrimination on the basis of sexual orientation for housing programs, shelters and other HUD-funded providers.
Same-sex adoption in North Dakota is legal.
Current status
Since Jan 1, 2015
Legal
Single adoption, joint adoption by married couples and second parent adoption are legal in North Dakota.
Until Jan 1, 2015
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."
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."
Intersex infant surgery in North Dakota is not banned.
Current status
Not banned
North Dakota' ban on gender-affirming care for minors specifically allows for intersex infant surgery.
Serving openly in military in North Dakota is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in North Dakota is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in North Dakota is banned.
Current status
Since Jun 8, 2021
Banned
On June 8, 2021, the Administrative Rules Committee voted to prohibit licensed social workers from practicing conversion therapy to change a person's sexual orientation or gender identity.
This doesn't prevent religious leaders or non-licensed counselors from practicing it, however.
This doesn't prevent religious leaders or non-licensed counselors from practicing it, however.
Until Jun 8, 2021
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Equal age of consent in North Dakota is equal.
Current status
Equal
United States Equality Rank
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#34 Nebraska66
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#35 Indiana65
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#36 Wyoming65
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#37 North Dakota64
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#38 West Virginia64
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#39 South Dakota63
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#40 Florida63
#282
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