LGBTQ rights in South Dakota

Overview of LGBTQ rights in South Dakota

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Map of South Dakota in the United States

LGBTQ rights in South Dakota have evolved over the years, with significant legal and social changes impacting the lives of lesbian, gay, bisexual, transgender, and queer individuals in the state. While some progress has been made, challenges remain in achieving full equality.

Legal Status

Same-Sex Relationships

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Same-sex marriage is legal in South Dakota

Same-sex marriage has been legal in South Dakota since June 26, 2015, following the U.S. Supreme Court decision in Obergefell v. Hodges. Prior to this ruling, South Dakota had a constitutional ban on same-sex marriage, which was overturned by the federal decision.

Adoption and Parenting

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Same-sex couples can adopt in South Dakota

Same-sex couples are permitted to adopt children in South Dakota. The state does not have explicit laws prohibiting discrimination against LGBTQ individuals in adoption, allowing for joint and second-parent adoptions by same-sex couples.

Discrimination Protections

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Counties and cities with protections

South Dakota does not have statewide laws that protect individuals from discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations. However, some local jurisdictions have enacted ordinances that provide such protections.

Hate Crimes

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No statewide hate crime protections for LGBTQ individuals

The state of South Dakota does not include sexual orientation or gender identity in its hate crime laws. This lack of inclusion means that crimes motivated by bias against LGBTQ individuals are not specifically recognized under state hate crime statutes.

Transgender Rights

Gender Marker Changes

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No streamlined process for gender marker changes

South Dakota does not have a streamlined process for transgender individuals to change the gender marker on their birth certificates. The process can be complex and may require a court order.

Healthcare Access

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No explicit protections for transgender healthcare

There are no explicit state-level protections ensuring access to healthcare for transgender individuals in South Dakota. This can lead to disparities in healthcare access and quality for transgender residents.

Public Opinion and Advocacy

Public opinion in South Dakota regarding LGBTQ rights has been gradually shifting towards greater acceptance. Advocacy groups continue to work towards achieving comprehensive nondiscrimination protections and raising awareness about LGBTQ issues.

Related Pages

• LGBTQ rights in the United States
• Same-sex marriage in the United States
• Transgender rights in the United States