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Same-sex sexual activity is legal in South Dakota , and same-sex marriages have been recognized since June as a result of Obergefell v. State statutes do not address discrimination on of sexual orientation or gender identity ; however, the U.
Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. Prior to European settlement in the 18th and 19th centuries, there were no known legal or social punishments for engaging in homosexual activity.
Perceptions toward gender and sexuality among the Native Americans were different to that of the Western world. Several had traditions of " third gender " people nowadays also called " two-spirit " who would dress and act as the opposite gender, perform tasks associated with the opposite gender and be fully recognized as such by the members of the tribe. In , the Dakota Territory , which included modern-day North and South Dakota, enacted a criminal ban on heterosexual and homosexual sodomy, which was defined as "crimes against nature". The ban prohibited anal intercourse , regardless of whether the act was committed in private and consensual.
Punishment could vary from one year in jail to life imprisonment. In , the definition of sodomy was expanded to include fellatio after State v. In , private, adult, consensual and non-commercial acts of sodomy were legalized with an age of consent set at thirteen years. South Dakota voters adopted a constitutional amendment in November that defines marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name, such as civil unions and domestic partnership agreements.
On June 26, , same-sex marriage became legal in the state of South Dakota and all of the United States due to the Supreme Court ruling of Obergefell v. On May 22, , 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, The state defendants argued she was bound by the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning , which the plaintiffs said did not address the questions they were raising in this case.
She found Baker is no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry. She dismissed the plaintiffs' claim that South Dakota violated their right to travel. She stayed implementation of her ruling pending appeal. Supreme Court's denial of a stay in Alabama cases the day.
Following the decision of the U. Supreme Court in Obergefell v. Hodges on June 26, , which held that the denial of marriage rights to same-sex couples is unconstitutional, the state defendants asked the Eighth Circuit to vacate the district court decision and dismiss the case as moot.
The plaintiffs on July 1 opposed that request, citing statements by the Attorney General that county officials were responsible individually for interpreting Obergefell. They asked the Eighth Circuit to order the district court to lift its stay. South Dakota permits adoption by single individuals and married same-sex couples.
State law recognizes the non-genetic, non-gestational mother as a legal parent to born via donor insemination, but the parents are required to be married. Courts may declare both intended parents as the legal parents of the child in a pre-birth order. South Dakota law permits adoption agencies to choose not to place children in certain homes if it would violate the agency's religious or moral convictions. This law, known as S. No provision of South Dakota law explicitly addresses discrimination on the basis of sexual orientation or gender identity.
In March , the city of Brookings became the first jurisdiction in South Dakota to enact a comprehensive anti-discrimination ordinance covering sexual orientation and gender identity, banning discrimination against public and private employees, in housing and in public accommodations such as restaurants, etc. In March , Governor Kristi Noem ed a bill into law allowing businesses to deny goods or services to LGBT people and others based on the owners' "purpoted religious beliefs". On June 15, , the U. Supreme Court ruled in Bostock v.
Clayton County , consolidated with Altitude Express, Inc. Zarda , and in R. Harris Funeral Homes Inc. Equal Employment Opportunity Commission that discrimination in the workplace on the basis of sexual orientation or gender identity is discrimination on the basis of sex, and Title VII therefore protects LGBT employees from discrimination. South Dakota law does not address hate crimes based on gender identity or sexual orientation.
Hate crimes committed on the basis of the victim's sexual orientation or gender identity can thus be prosecuted in federal court. In September , 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. South Dakota allows transgender people to change their legal gender. In order to update a birth certificate, the applicant must submit to the Office of Vital Records a copy of a court order changing their legal name and gender, a copy of the photo ID, an "Application for Birth Record" as well as pay the required fee.
The Department of Public Safety will change the gender marker on a driver's and state ID card upon receipt of a court order certifying the gender change or a ed affidavit from a d physician confirming sex reasment surgery. In March , Governor Dennis Daugaard vetoed a bill that would have required transgender students to use bathrooms and locker rooms that match their birth sex. On 12 February , the House passed legislation known as HB which would have barred public schools up to grade K-7 years old from instructing students on gender identity and expression.
Human Rights Campaign reported that the "bill would prevent teachers from being able to acknowledge the transgender identity of people they are teaching about as well as prevent them from being able to support students who identify as transgender. On 10 February , a state senate committee voted down a legislative proposal that would have prevented minors from being allowed to transition.
The first version of the bill would have criminalized physicians for prescribing hormones and hormone blockers or for performing surgery. An amended version of the bill dropped charges against physicians but would still have allowed the patients to sue if they later felt regret. The committee voted not to pursue the bill at all. In March , legislation banning transgender individuals from participating in school sports and athletic teams passed the South Dakota Legislature.
Similar laws also passed in Mississippi and Idaho. South Dakota US. Main article: Same-sex marriage in South Dakota. 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.
Main article: Bostock v. Clayton County. Further information: Transgender rights in the United States. The New York Times. Retrieved October 21, Argus Leader. District Court for South Dakota. Retrieved November 14, Retrieved January 12, Retrieved February 10, Retrieved February 12, Equality Case Files. Retrieved July 2, Capital Journal. June 26, June 28, Movement Advancement Project.
Creative Family Connections. Retrieved February 1, Equality South Dakota. April 28, Archived from the original on May 31, Retrieved May 25, Human Rights Campaign. Retrieved November 21, Minnehaha County. Archived from the original PDF on May 30, Minnehaha County is an Equal Opportunity Employer and does not discriminate on the basis of [ City of Brookings, SD. Retrieved May 24, Metro Weekly. BBC News. June 15, September 30, Indian Country Today. September 19, Retrieved Sioux City Journal. Washington Post. Retrieved 12 February Retrieved 9 February Gay Times.
On Top Magazine. Associated Press. CBS News. History Rights Same-sex marriage. One, Inc. Evans Executive Order Lawrence v.Rapid city south dakota lesbian.
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