LGBT rights in South Dakota | |
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Status | Legal since 1976 |
Gender identity | State does not require sex reassignment surgery to alter sex on birth certificate |
Discrimination protections | Protections for sexual orientation and gender identity in employment |
Family rights | |
Recognition of relationships | Same-sex marriage since 2015 |
Adoption | Same-sex couples allowed to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT 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 LGBT 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]