- 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
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- 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
Not currently recognized.
LGBT discrimination in South Dakota is no protections.
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
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 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
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 legal.
Current status
Since Mar 18, 2025
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
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
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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#35 Nebraska66
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#36 North Dakota65
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#37 Wyoming65
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#38 South Dakota64
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#39 North Carolina64
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#40 Indiana64
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#41 Georgia63
#286
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South Dakota LGBT Organizations
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