LGBTQ rights in South Dakota
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents.[8] On May 22, 2014, six same-sex couples filed a federal lawsuit against South Dakota officials seeking the right to marry and recognition of marriages performed in other jurisdictions.The suit, Rosenbrahn v. Daugaard, was brought by Minneapolis civil rights attorney Joshua A. Newville, who filed a similar lawsuit on behalf of seven same-sex couples in North Dakota on June 6, 2014.The state defendants argued she was bound by the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning (2006), which the plaintiffs said did not address the questions they were raising in this case.The plaintiffs on July 1 opposed that request, citing statements by the Attorney General that county officials were responsible individually for interpreting Obergefell.[24] The county of Oglala Lakota,[25] and the cities of Sioux Falls,[26] and Vermillion prohibit discrimination against county/city employees on the basis of sexual orientation and gender identity.[28][29] In March 2021, Governor Kristi Noem signed a bill into law allowing businesses to deny goods or services to LGBTQ people and others based on the owners' "purpoted religious beliefs".In September 2019, the Oglala Sioux Tribal Council passed hate crime legislation which protects LGBT and two-spirit individuals, with 14 votes in favor, 2 against and 1 abstention.[48] In March 2016, Governor Dennis Daugaard vetoed a bill that would have required transgender students to use bathrooms and locker rooms that match their birth sex.[49] On 12 February 2019, the House passed legislation (known as HB 1108) which would have barred public schools up to grade K-7 (12-13 years old) from instructing students on gender identity and expression.10 US states have similar laws or regulations that legally ban transgender individuals from playing sports, athletics and Olympics within South Dakota.[62][63] A 2022 Public Religion Research Institute (PRRI) opinion poll found that 63% of South Dakota residents supported same-sex marriage, while 37% opposed it and 1% were unsure.The same poll also found that 67% of South Dakota residents supported an anti-discrimination law covering sexual orientation and gender identity, while 32% were opposed.
Sexual orientation and gender identity in public and private employment
Sexual orientation and gender identity solely in public employment
Sexual orientation in public employment
Does not protect sexual orientation and gender identity in employment
South DakotaStatusGender identitysex reassignment surgeryDiscrimination protectionsSame-sex marriageAdoptionsame-sex marriagesObergefell v. Hodgessexual orientationBostock v. Clayton CountyEuropean settlementgendersexualityNative Americansthird gendertwo-spiritDakota peopleLakota peopleDakota Territoryanal intercoursefellatioState v. WhitmarshSame-sex marriage in South Dakotaconstitutional amendmentcivil unionsUnited StatesMinneapolisJoshua A. NewvilleKaren SchreierCitizens for Equal Protection v. BruningAlabama casesU.S. Supreme CourtMarty Jackleyin vitro fertilizationsurrogacyS.J. 746LGBT employment discrimination in the United StatesOglala LakotaSioux FallsVermillionMinnehaha CountySpearfishWatertownBrookingsGovernorKristi NoemAltitude Express, Inc. v. ZardaR.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commissionhate crimesMatthew Shepard and James Byrd Jr. Hate Crimes Prevention ActBarack ObamaOglalaTransgender rights in the United StatesSouth Dakota Legislaturetrying to fit an intersex child into the gender binaryFloridaSouth CarolinaColoradoOklahomaMissouriDennis DaugaardHuman Rights CampaignMississippiNational Collegiate Athletic Associationexecutive orderlawsuitSouth Dakota SenateSouth Dakota House of RepresentativesPublic Religion Research InstituteConversion therapyLGBT history in South DakotaWayback MachineABC NewsHistoryRightsAngie BuhlSioux Falls PrideSouth Dakota Amendment CSouth Dakota House Bill 1008LGBTQ rights in the United StatesFederalOne, Inc. v. OlesenExecutive Order 12968Romer v. EvansExecutive Order 13087Lawrence v. TexasDon't Ask, Don't Tell Repeal Act of 2010Violence Against Women ActUnited States v. WindsorExecutive Order 13672Pavan v. SmithMasterpiece Cakeshop v. Colorado Civil Rights CommissionBostockHarris Funeral HomesAltitude ExpressG.G. v. Gloucester County School BoardExecutive Order 13988Respect for Marriage Act303 Creative LLC v. ElenisImmigration Act of 1917Immigration and Nationality Act of 1952Executive Order 10450Immigration and Nationality Act of 1965Bowers v. HardwickDoD Directive 1304.26Defense of Marriage ActPresidential Memorandum of August 25, 2017StatesAlabamaAlaskaArizonaArkansasCaliforniaConnecticutDelawareGeorgiaHawaiiIllinoisIndianaKansasKentuckyLouisianaMarylandMassachusettsMichigan