- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- 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
- ✖ Not banned
- Age of Consent
- ✔ Equal
Public Opinion
Public opinion in South Dakota appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
History
Homosexual activity in South Dakota is legal.
Current status
Since Jun 26, 2003
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
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.
Right to change legal gender in South Dakota is legal, surgery not required.
Current status
Legal, surgery not required
Missing non binary options on documents.
Legal recognition of non-binary gender in South Dakota is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT employment discrimination in South 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 South Dakota is no protections.
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)."
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 South Dakota is legal.
Current status
Since Jun 26, 2017
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.
Serving openly in military in South Dakota is legal.
Current status
Since Sep 20, 2011
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.
Blood donations by MSMs in South 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 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. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options.
Equal age of consent in South Dakota is equal.
Current status
Equal
Age of consent laws are equitable regardless of gender or orientation.
US Equality Rank
#285
Interest Rank based on Equaldex traffic ?
Top Contributors
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South Dakota LGBT Organizations
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