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State

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, but requires surgery
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Military
    ✔ Legal
    Donating Blood
    ✖ Banned (3-month deferral)
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
Suggest Public Opinion Data

Public Opinion

Support for LGBT protections by US state

Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)

Question: "Do you strongly favor, favor, oppose or strongly oppose laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing?"

 
Favor (72%)

Opposition of religiously based refusals to serve gay and lesbian people

Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)

Question: "Do you strongly favor, favor, oppose or strongly oppose allowing a small business owner in your state to refuse to provide products or services to gay or lesbian people, if doing so violates their religious beliefs"

 
Oppose (51%)

Support of same-sex marriage by US state

Ranked #38 out of 51 regions surveyed. (Source: Pew Research, 2014)

Question: "Do you strongly favor, favor, oppose or strongly oppose allowing gays and lesbians to marry legally?"

(46%) Oppose
Favor (48%)

Support of homosexuality by US state

Ranked #36 out of 51 regions surveyed. (Source: Pew Research, 2014)

Question: "Which statement comes closer to your own views: homosexuality should be accepted by society OR homosexuality should be discouraged by society?"

(36%) Oppose
Support (57%)

History

Homosexual activity in North Dakota

?

Homosexual activity in North Dakota is legal.

Current status
Since 1973
Legal
Sources:
North Dakota S.L. [Laws of North Dakota] 1973, ch. 117
glapn.org/sodomylaws/sensib…
Added by nickreitan  ·  3 accurate votes  ·  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 The law was repealed in 1965, S.L 1973 ch. 117.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  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in North Dakota

?

Same-sex marriage in North Dakota is legal.

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  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in North Dakota

?

Censorship of LGBT Issues in North Dakota is no censorship.

Current status
No censorship
There are no laws censoring LGBT topics in North Dakota.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in North Dakota

?

Right to change legal gender in North Dakota is legal, but requires surgery.

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  ·  0 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  ·  2 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in North Dakota

?

Legal recognition of non-binary gender in North Dakota is not legally recognized.

Current status
Not legally recognized
Not currently recognized.
Added by Notdog1996  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in North Dakota

?

LGBT discrimination in North Dakota is no protections.

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  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2001–Sep 7, 2018
Illegal in some contexts
Sexual orientation and gender identity in public employment only.
Added by Ausyk  ·  3 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in North Dakota

?

LGBT employment discrimination in North Dakota is no protections.

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  ·  1 accurate vote  ·  Report Error  ·  Log

Jan 1, 2001–Sep 18, 2018
Ambiguous
Sexual orientation and gender identity discrimination protection only in public employment.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in North Dakota

?

LGBT housing discrimination in North Dakota is no protections.

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

Same-sex adoption in North Dakota

?

Same-sex adoption in North Dakota is single only.

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  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2015–Sep 6, 2018
Legal
Currently being updated.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Serving openly in military in North Dakota

?

Serving openly in military in North Dakota is legal.

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  ·  3 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in North Dakota

?

Blood donations by MSMs in North Dakota is banned (3-month deferral).

Current status
Since Apr 2, 2020
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Added by JerofDoorhandle  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Added by JerofDoorhandle  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 1983–Dec 21, 2015
Banned (indefinite deferral)
Banned due to national FDA Guidelines.
Added by nickreitan  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in North Dakota

?

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.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

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.

Feb 25, 2017–Sep 19, 2018
Not banned
Not outlawed.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Equal age of consent in North Dakota

?

Equal age of consent in North Dakota is equal.

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  ·  3 accurate votes  ·  Report Error  ·  Log