LGBT rights in South Dakota
| LGBT rights in South Dakota | |
|---|---|
 South Dakota (US) |
|
| Same-sex sexual activity legal? | Legal since 1976 |
| Discrimination protections | No |
| Family rights | |
| Recognition of relationships |
No |
|
Restrictions:
|
Constitutional ban |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Dakota face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Dakota. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.
Contents |
Laws against homosexuality[edit]
In 1862 the Territory of the Dakotas, which included modern day North and South Dakota, enacted a criminal ban on heterosexual and homosexual sodomy, which was defined as "crimes against nature" and subsequently interpreted by the State Supreme court to include anal intercourse and fellatio.[1]
In 1976, private, adult, consensual and non-commercial acts of sodomy were legalized with an age of consent set at thirteen years.[2] The age of consent was later raised to fifteen years.[3]
Recognition of same-sex relationships[edit]
South Dakota voters adopted a constitutional amendment in November 2006 that defined marriage as the union of a man and a women and prohibited the recognition of same-sex relationships under any other name, such as civil unions and domestic partnership agreements.[4] Similar restrictions appear in the state statutes as well.[5]
Adoption and parenting[edit]
South Dakota permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.[6]
Discrimination protection[edit]
No provision of South Dakota law explicitly addresses discrimination on the bases of sexual orientation or gender identity.[7]
Hate crime laws[edit]
South Dakota's hate crimes law does not address hate crimes based on gender identity or sexual orientation.[8]
References[edit]
- ^ [1]
- ^ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online, accessed April 10, 2010
- ^ [Laws of South Dakota 1976, page 227, ch. 158, enacted Feb. 27, 1976, effective Apr. 1, 1977
- ^ CNN: 2006 Key Ballot Measures, accessed April 10, 2011
- ^ Human Resources Campaign: South Dakota Marriage/Relationship Recognition Law, accessed April 10, 2011
- ^ Human Resources Campaign: South Dakota Adoption Law, accessed April 10, 2011
- ^ Human Resources Campaign: South Dakota Non-Discrimination Law, accessed April 10, 2011
- ^ Human Resources Campaign: South Dakota Hate Crimes Law, accessed April 10, 2011
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