LGBTQ rights in South Dakota

LGBTQ rights in South Dakota
StatusLegal since 1976
Gender identityState does not require sex reassignment surgery to alter sex on birth certificate
Discrimination protectionsProtections for sexual orientation and gender identity in employment
Family rights
Recognition of relationshipsSame-sex marriage since 2015
AdoptionSame-sex couples allowed to adopt

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.[1] Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.

In 2024, The Transformation Project, a transgender rights organisation, sued the state of South Dakota over a discrimination case and won the lawsuit.[1]

  1. ^ a b Mitchell, Hilary. "Transgender advocacy group sues South Dakota for discrimination – and wins $300,000". PinkNews. Retrieved 3 February 2024.