- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ No protections
- Discrimination
- Varies by Region
- 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
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in South Dakota appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
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Homosexual activity in South Dakota is legal.
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.
Same-sex marriage in South Dakota is legal.
Current status
Since Jun 26, 2015
Legal
The US Supreme Court rules that same-sex marriage is legal nationwide.
Censorship of LGBT issues in South Dakota is no censorship.
Current status
No censorship
While there is no official censorship of LGBT topics in South Dakota, a bill was passed on March 9, 2022 not requiring students or teachers to participate or attend training that teaches or promotes "divisive concepts".
LGBT topics are not explicitly mentioned (nor illegal to be taught even if they were mentioned), but could be interpreted as being divisive.
LGBT topics are not explicitly mentioned (nor illegal to be taught even if they were mentioned), but could be interpreted as being divisive.
Gender-affirming care in South Dakota is legal, but banned for minors.
Current status
Since Jul 1, 2023
Legal, but banned for minors
House Bill 1080 bans gender affirming care for all teenage minors. As in a lot of similar bills there is an exception for "medically verifiable disorder of sex development" for which if the criteria is met performing non-consensual, medically unnecessary surgeries on infants is legal.
Legal recognition of non-binary gender in South Dakota is not legally recognized.
Current status
Not legally recognized
South Dakota does not legally recognize a third gender.
Hate crime protections in South Dakota is no protections.
Current status
No protections
South Dakota does not provide hate crime protections on the basis of sexual orientation and gender identity.
LGBT discrimination in South Dakota is varies by region.
Current status
Varies by Region
Brookings provides local discrimination protections in employment, housing, and public accommodations on the basis of sexual orientation and gender identity. Otherwise, no statewide protections exists.
LGBT employment discrimination in South 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 exsist.
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.
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 existed.
LGBT housing discrimination in South Dakota is varies by region.
Current status
Varies by Region
Brookings provides local discrimination protections in housing on the basis of sexual orientation and gender identity. Otherwise, no statewide protections exists.
Additionally, HUD's 2012 Equal Access Rule prohibits discrimination on the basis of sexual orientation for housing programs, shelters and other HUD-funded providers.
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 South Dakota is legal.
Current status
Since Jun 26, 2017
Legal
under state and federal law.
Any single person is allowed to adopt. To adopt as a couple, the individuals must however be married. Second parent adoption is also permitted.
Agencies are however allowed to discriminate against LGBT couples on the basis of religion.
Any single person is allowed to adopt. To adopt as a couple, the individuals must however be married. Second parent adoption is also permitted.
Agencies are however allowed to discriminate against LGBT couples on the basis of religion.
Until Jun 26, 2017
Ambiguous
Any person may adopt per S.D. Laws §25-6-2. However, second-parent adoption isn't legal.
Intersex infant surgery in South Dakota is not banned.
Current status
Not banned
South Dakota’s ban on gender-affirming care for minors did not apply to intersex toddlers. There is no ban on unnecessary surgical interventions performed on intersex toddlers in South Dakota.
Serving openly in military in South 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 South 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 South Dakota is not banned.
Current status
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 South Dakota is equal.
Current status
Since Jun 26, 2003
Equal
Age of consent laws are equitable regardless of gender or orientation.
United States Equality Rank
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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
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#41 Iowa63
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#42 North Carolina62
#286
Interest Rank based on Equaldex traffic ?
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South Dakota LGBT Organizations
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