LGBTQ rights in South Dakota
LGBTQ rights in South Dakota | |
|---|---|
| Legal 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, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents. 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.