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LGBT Rights in South Dakota State

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    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 in South Dakota appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

History

Homosexual activity in South Dakota

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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.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in South Dakota

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

Nov 7, 2006–Jun 26, 2015
Not legal
The state election in 2006 amended the constitution to include clauses that defined marriage as being between a man and a woman.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in South Dakota

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

Right to change legal gender in South Dakota

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Right to change legal gender in South Dakota is legal, no restrictions.

Current status
Legal, no restrictions
Missing non binary options on documents.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in South Dakota

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

Current status
Not legally recognized
Not currently recognized.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in South Dakota

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LGBT discrimination in South Dakota is no protections.

Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Jun 11, 2018–Sep 7, 2018
No protections
No discrimination protections currently.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in South Dakota

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LGBT employment discrimination in South Dakota is sexual orientation and gender identity.

Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jun 15, 2020
No protections
As of December 16, 2014, there are no legal protections for people who are LGBT in regards to employment.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 16, 2014–Sep 22, 2018
Ambiguous
Sexual orientation and gender identity discrimination protection in public employment only in one county.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in South Dakota

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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)."
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in South Dakota

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

Until Jun 26, 2017
Ambiguous
Any person may adopt per S.D. Laws §25-6-2. However, second-parent adoption isn't legal.
Sources:
www.lambdalegal.org/states-region/south-dakota
S.D. Laws §25-6-2
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in South Dakota

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Serving openly in military in South Dakota is legal.

Current status
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.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in South Dakota

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Blood donations by MSMs in South Dakota is legal.

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

Apr 2, 2020–May 11, 2023
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Added by Ausyk  ·  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

1983–Dec 21, 2015
Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in South Dakota

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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.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Feb 25, 2017–Sep 9, 2018
Not banned
Not criminalized anywhere in Central Midwest.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in South Dakota

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Equal age of consent in South Dakota is equal.

Current status
Equal
Age of consent laws are equitable regardless of gender or orientation.
Sources:
South Dakota State Statutes: 22-22-1, 22-22-7, and 22-22-7.3
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log