- 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
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
Recent surveys in North Dakota have revealed a mixed response towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
History
Homosexual activity in North Dakota is legal.
Current status
Since 1973
Since 1973
Legal
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 surgery.
Current status
Since 2006
Since 2006
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".
Legal recognition of non-binary gender in North Dakota is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT employment discrimination in North Dakota is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
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)."
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)."
Same-sex adoption in North Dakota is legal.
Current status
Since Jan 1, 2015
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."
Blood donations by MSMs in North Dakota is legal.
Current status
Since May 11, 2023
Since May 11, 2023
Legal
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 (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Conversion therapy in North Dakota is banned.
Current status
Since Jun 8, 2021
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