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LGBT rights in North Dakota
North Dakota (US)
StatusLegal since 1973
Gender identityAltering sex on birth certificate requires sex reassignment surgery
Discrimination protectionsProtections in employment for sexual orientation and gender identity
Family rights
Recognition of relationshipsSame-sex marriage since 2015
AdoptionSame-sex couples allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of North Dakota can have legal issues that non-lgbt people do not have. Same-sex sexual activity is legal in North Dakota. Same-sex couples and families have all of the protections that opposite-sex married couples have. Since Obergefell v. Hodges in June 2015, same-sex marriage has been legal.

North Dakota does not have any specific laws about discrimination of sexual orientation or gender identity. In the U.S. Supreme Court ruling of Bostock v. Clayton County, however, the Supreme Court said that discrimination against LGBT people is illegal.

Laws about same-sex sexual activity change

Before european settlement in the 18th and 19th centuries, there were no known legal punishments for homosexuality. The idea of gender and sexuality in Native Americans were different than ideas of gender and sexuality to Europeans and European colonizers. Many Native Americans had ideas of "third gender" people(now also called "two-spirit"). They would dress, act, and do the same things as opposite gender. They would also be recognized as members of the tribe.

In the Arikara tribe, males who act like females are known as skuxát. The Hidatsa and the Mandan tribes call them the miati and mihdeke. In the Assiniboine, Dakota people and Lakota people tribes, they are known as wįktą, winkta and wíŋkte (or winkte).[1]

North Dakota and Dakota territory made sodomy illegal in 1862. It made heterosexual and homosexual fellatio illegal. The law made anal intercourse in 1885.[2] In 1903, the state made lewd speech or actions illegal.[2] In State v. Nelson (1917), the North Dakota Supreme Court said that cunnilingus was also illegal.

In 1973, North Dakota made private adult consensual homosexual relations legal. They also made the age of consent to be eighteen.[3]

Recognition of same-sex relationships change

Same-sex marriage was made legal in the U.S. Supreme Court decision of Obergefell v. Hodges on June 26, 2015. The decision said that not allowing gay rights is unconstitutional. Before this decision, a marriage that wasn't of the opposite sex was not recognized.[4][5]

In June 2014, there was a lawsuit to try to make same-sex marriage recognized by the state in Ramsay v. Dalrymple. was initiated in June 2014. This lawsuit was stopped in January 2015 when the U.S. Supreme Court took on a related case.[6]

In August 2020, the Turtle Mountain Band of Chippewa Indians made same-sex marriage legal in its reservation. The vote to make it legal was 6–2. They were the first Native American tribe in North Dakota to do this.[7]

Adoption and parenting change

North Dakota does not specifically ban adoption by LGBT people. In the 1980s, the North Dakota Supreme Court said if a parent had sexual orientation that was not heterosexual, then their children would be taken into account in child custody. This ruling was undone in 2003.[8]

North Dakota law allows private adoption organizations to discriminate against LGBT people. This law only counts if it is because of a religious belief.[9]

Lesbian couples are able to have assisted reproduction services, such as in vitro fertilization. The state law says that all mothers can be legal parents through donor insemination(when people donate sperm for other people to make themselves pregnant).[10]

The North Dakota law says directly that surrogacy is not allowed, no matter what sexual orientation you are.[11]

Discrimination protections change

 
Map of North Dakota cities that had sexual orientation and/or gender identity anti–employment discrimination ordinances prior to Bostock[12][13]
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment¹
¹Since 2020 as a result of Bostock, discrimination on account of sexual orientation or gender identity in public and private employment is outlawed throughout the state.

North Dakota laws do not say anything about discrimination about sexual orientation or gender identity.[14]

Since 2001, Fargo has had a non-discrimination policy. This policy says that sexual orientation can not be discriminated against in city employees. A similar policy exists in Jamestown.TRANSLATED TO HERE(NO BREAK)

The Human Rights Campaign added Bismarck and Mandan to this list in 2016 under its annual "Municipal Equality Index", though removed them in later versions of the index.[13]

On June 17, 2013, the Grand Forks City Council approved a measure to protect city employees and city job applicants from discrimination based on gender identity and sexual orientation, becoming the second city in North Dakota to do so, and the first to address gender identity-based discrimination.[15] Later that year, the city became the first in North Dakota to ban discrimination in rental housing based on sexual orientation or gender identity.[16]

On February 17, 2015, the North Dakota Senate voted 25–22 to approve a bill that would have banned discrimination on the basis of sexual orientation or gender identity in employment, housing and public accommodations.[17] The bill did not receive enough votes to pass in the House of Representatives.

In April 2021, Governor Doug Burgum signed a bill into law allowing student groups at colleges, universities and high schools to discriminate against LGBT students. Many public colleges and universities have policies requiring students organizations receiving financial support from the institution not to discriminate against students based on race, sex, religion, sexual orientation or gender identity. These policies were upheld as constitutional by the Supreme Court of the United States in 2010 in Christian Legal Society v. Martinez.[18]

Bostock v. Clayton County change

On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, consolidated with Altitude Express, Inc. v. Zarda, and in R.G. & G.R. Harris Funeral Homes Inc. v. 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.[19][20][21]

Hate crime law change

North Dakota law does not address hate crimes based on gender identity or sexual orientation.[22]

North Dakota does have a law that addresses hate or bias based crimes, but it does not address sexual orientation or gender identity. The Federal Hate Crimes Statistics Act of 1990 encouraged states to report hate crime data to the FBI. Fargo is the city responsible for reporting hate crimes to the state and federal governments. Studies have shown that 2 in 3 hate crimes go unreported.[23] This small knowledge of hate crimes may contribute to the lack of legislation in support of the LGBT community. Groups like the Human Rights Campaign, along with other organizations, are currently working with North Dakota law officials in order to modify the hate crime laws to be LGBT-inclusive.[24]

Although North Dakota's hate crime law does not protect LGBT people, U.S. federal law has addressed the categories of sexual orientation and gender identity since 2009, when the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Barack Obama.[25] Hate crimes committed on the basis of the victim's sexual orientation or gender identity can be prosecuted in federal court.

Transgender rights change

North Dakota permits transgender people to change their legal gender. The North Dakota Health Department will issue an amended birth certificate on receipt of a written request of "the person who has undergone the operation (sex reassignment surgery)", an affidavit by a physician stating "that the physician has performed an operation on the person, and that by reason of the operation, the sex designation of such person's birth record should be changed", a court order for legal name change, and payment of the associated fees.[26] The Department of Transportation will update the gender marker on a driver's license and state ID card upon receipt of a letter signed by a physician or therapist stating that the applicant has completed a permanent gender change.

In 2021, the North Dakota Legislature passed legislation to ban transgender students from participating in school sport teams. The bill passed the House by a vote of 69–25 and the Senate by a vote 27–20.[27][28] The Governor of North Dakota, Doug Burgum, vetoed the bill on April 21, 2021. Overriding the governor's veto would require a two-thirds majority in both chambers.[29][30]

Politics change

In July 2020, the North Dakotan Republican delegates voted in favor of the party's 2020 election platform.[31] The platform opposes absolutely any civil rights protections for LGBT people, while accusing transgender people "of preying on women" and LGBT people of "recruiting children". Many Republican delegates condemned the platform.[32] Republican Governor Doug Burgum also opposed the anti-gay platform, calling it "divisive and divisional", and saying, "As I've long said, all North Dakotans deserve to be treated equally and live free of discrimination".[33]

Carrie Evans was elected to the Minot City Council in June 2020 and is the first openly lesbian to hold elected office in the state.[34] In 2012, Joshua Boschee became the first openly gay man to be elected to the North Dakota House of Representatives. In 2015, Representative Randy Boehning was outed as bisexual, after having voted against an LGBT rights bill in the House.

Conversion therapy laws change

In June 2021, a policy was adopted in committee within North Dakota from a regulation (which does not require legislative approval) - to legally ban conversion therapy by social workers, phycologists and councilers with their clients and/or hosts.[35]

Public opinion change

A 2017 Public Religion Research Institute (PRRI) opinion poll found that 53% of North Dakota residents supported same-sex marriage, while 35% opposed it and 12% were unsure.[36]

The same PRRI poll also found that 58% of North Dakotans supported an anti-discrimination law covering sexual orientation and gender identity, while 29% were opposed.[36] Furthermore, 49% were against allowing businesses to refuse to serve gay and lesbian people due to religious beliefs, while 38% supported allowing such religiously-based refusals.[36]

Public opinion for LGBT anti-discrimination laws in North Dakota
Poll source Date(s)

administered

Sample

size

Margin of

error

% support % opposition % no opinion
Public Religion Research Institute January 2-December 30, 2019 182 ? 71% 21% 8%
Public Religion Research Institute January 3-December 30, 2018 187 ? 72% 20% 7%
Public Religion Research Institute April 5-December 23, 2017 247 ? 58% 29% 13%
Public Religion Research Institute April 29, 2015-January 7, 2016 276 ? 60% 36% 4%

Summary table change

Same-sex sexual activity legal   (Since 1973)[2]
Equal age of consent  [37]
Anti-discrimination laws for sexual orientation   (In employment AND housing and public accommodations since harm date of June 15, 2020 (in adherence to the Bostock Decision), as determined by North Dakota Department of Labor and Human Rights)
Anti-discrimination laws for gender identity or expression   (In employment AND housing and public accommodations since harm date of June 15, 2020 (in adherence to the Bostock Decision), as determined by North Dakota Department of Labor and Human Rights)
Same-sex marriages   (Since 2015)
Stepchild and joint adoption by same-sex couples  [38]
Lesbian, gay and bisexual people allowed to serve openly in the military   (Since 2011)
Transgender people allowed to serve openly in the military   (Since 2021)[39]
Intersex people allowed to serve openly in the military   (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)[40]
Right to change legal gender   (Requires sex reassignment surgery)[26]
Gay panic defense abolished  
Conversion therapy banned on minors  /  (Since 2021 - in some circumstances only, such as social workers on their clients)[35]
Access to IVF for lesbian couples  
Surrogacy arrangements legal for gay male couples   (Gestational surrogacy contracts recognized)
MSMs allowed to donate blood  /  (Since 2020; 3-month deferral period)[41]

Related pages change

References change

  1. ↑ Sabine Lang, Men as Women, Women as Men ISBN 0292777957, 2010
  2. ↑ 2.0 2.1 2.2 "The History of Sodomy Laws in the United States - North Dakota". www.glapn.org. Archived from the original on 2011-10-04. Retrieved 2011-07-29.
  3. ↑ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online Archived 2016-05-21 at the Wayback Machine, accessed April 10, 2010
  4. ↑ CNN: 2004 Ballot Measures Archived 2013-09-04 at WebCite, accessed April 10, 2011
  5. ↑ Human Resources Campaign: North Dakota Marriage/Relationship Recognition Law Archived 2012-03-11 at the Wayback Machine, accessed April 10, 2011
  6. ↑ "Judge puts marriage case on hold pending high court ruling". Houston Chronicle. Associated Press. January 20, 2015. Archived from the original on January 21, 2015. Retrieved January 20, 2015.
  7. ↑ Hatton, Faith (August 7, 2020). "Turtle Mountain votes to recognize same-sex marriage". KFYR. Archived from the original on August 9, 2020. Retrieved August 8, 2020.
  8. ↑ North Dakota Adoption Law Archived 2012-07-25 at the Wayback Machine, accessed April 10, 2011
  9. ↑ Lang, Nico (September 26, 2018). "'Religious Freedom' Adoption Bill Allowing Discrimination Against LGBTQ Couples Is Dead". INTO. Archived from the original on April 22, 2021. Retrieved April 22, 2021.
  10. ↑ "North Dakota's equality profile". Movement Advancement Project. Archived from the original on 2020-02-03. Retrieved 2020-02-10.
  11. ↑ "Gestational Surrogacy in North Dakota". Creative Family Connections. Archived from the original on February 22, 2019. Retrieved February 22, 2019.
  12. ↑ "North Dakota". Human Rights Campaign. Archived from the original on 2018-09-05. Retrieved 2019-03-12.
  13. ↑ 13.0 13.1 "Municipal Equality Index 2016" (PDF). Archived (PDF) from the original on 2019-07-03. Retrieved 2019-05-09.
  14. ↑ Human Resources Campaign: North Dakota Non-Discrimination Law Archived 2012-03-11 at the Wayback Machine, accessed April 10, 2011
  15. ↑ "Grand Forks: First in N.D. to add protections for LGBT city workers". June 17, 2013. Archived from the original on June 21, 2013. Retrieved June 19, 2013.
  16. ↑ Jewett, Brandi (October 21, 2013). "Grand Forks becomes first city to pass gay discrimination ban for rental housing". The City Street Beat. Grand Forks Herald. Archived from the original on October 23, 2013. Retrieved October 22, 2013.
  17. ↑ MacPherson, James (17 February 2015). "North Dakota Senate approves LGBT‑inclusive anti-discrimination bill". AP. Archived from the original on 20 February 2015. Retrieved 20 February 2015.
  18. ↑ Ronan, Wyatt (April 19, 2021). "North Dakota Gov. Doug Burgum Signs Anti-LGBTQ House Bill 1503 Into Law". Human Rights Campaign. Archived from the original on April 21, 2021. Retrieved April 23, 2021.
  19. ↑ Biskupic, Joan (June 16, 2020). "Two conservative justices joined decision expanding LGBTQ rights". CNN. Archived from the original on June 19, 2020. Retrieved June 21, 2020.
  20. ↑ "US Supreme Court backs protection for LGBT workers". BBC News. June 15, 2020. Archived from the original on June 17, 2020. Retrieved June 21, 2020.
  21. ↑ Liptak, Adam (June 15, 2020). "Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules". The New York Times. Archived from the original on June 17, 2020. Retrieved June 21, 2020.
  22. ↑ Human Resources Campaign: North Dakota Hate Crimes Law Archived 2012-03-11 at the Wayback Machine, accessed April 10, 2011
  23. ↑ Study Findings CBS News: Nearly 2 in 3 hate crimes unreported, Justice Department study finds Archived 2015-12-05 at the Wayback Machine, accessed October 26, 2015
  24. ↑ Human Rights Campaign: North Dakota Archived 2015-10-20 at the Wayback Machine, accessed October 26, 2015
  25. ↑ "Obama signs hate crimes bill into law". CNN. October 28, 2009. Archived from the original on March 8, 2019. Retrieved February 21, 2019.
  26. ↑ 26.0 26.1 North Dakota Archived 2018-10-19 at the Wayback Machine, National Center for Transgender Equality
  27. ↑ "North Dakota lawmakers send transgender athlete ban to governor to sign into law". Metro Weekly. April 16, 2021. Archived from the original on April 17, 2021. Retrieved April 17, 2021.
  28. ↑ "North Dakota Senate sends transgender athlete bill to governor's desk". INFORUM. 15 April 2021. Archived from the original on 17 April 2021. Retrieved 17 April 2021.
  29. ↑ "North Dakota governor vetoes bill restricting transgender athletes". The Dickinson Press. Archived from the original on 2021-04-22. Retrieved 2021-04-22.
  30. ↑ Selbe, Nick. "North Dakota Governor Vetoes Trans Sports Ban Bill". Sports Illustrated. Archived from the original on 2021-04-22. Retrieved 2021-04-22.
  31. ↑ Bollinger, Alex (July 23, 2020). "North Dakota GOP platform says LGBTQ people "recruit" children & "prey" on women". LGBTQ Nation. Archived from the original on August 6, 2020. Retrieved August 5, 2020.
  32. ↑ "North Dakota GOP director apologizes after party approves anti-LGBT rhetoric in policy statements". Inforum.com. July 23, 2020. Archived from the original on August 2, 2020. Retrieved August 5, 2020.
  33. ↑ Macpherson, James (July 23, 2020). "North Dakota Governor Blasts Party's Anti-LGBTQ Resolution". US News. Archived from the original on 2022-01-05. Retrieved 2020-08-05.
  34. ↑ Port, Rob (September 11, 2020). "Minot city councilwoman unloads on anti-gay citizen: "I'm not paying an heed to your crap"". inforum. Archived from the original on September 13, 2020. Retrieved September 13, 2020.
  35. ↑ 35.0 35.1 John Riley. "North Dakota approves rule barring social workers from subjecting clients to conversion therapy". Metroweekly.com. Archived from the original on 2021-06-28. Retrieved 2022-01-05.
  36. ↑ 36.0 36.1 36.2 Public opinion on same-sex marriage by state: North Dakota Archived 2019-02-21 at the Wayback Machine. PRRI – American Values Atlas.
  37. ↑ "North Dakota Age of Consent Laws 2019". ageofconsent.net. Archived from the original on February 22, 2019. Retrieved February 22, 2019.
  38. ↑ "LGBT Adoption Laws North Dakota". lifelongadoptions.com. Archived from the original on February 22, 2019. Retrieved February 22, 2019.
  39. ↑ Baldor, Lolita; Miller, Zeke (January 25, 2021). "Biden reverses Trump ban on transgender people in military". Associated Press. Archived from the original on January 29, 2021. Retrieved January 26, 2021.
  40. ↑ "Medical Conditions That Can Keep You From Joining the Military". Military.com. 10 May 2021. Archived from the original on 30 January 2019. Retrieved 26 January 2021.
  41. ↑ McNamara, Audrey (April 2, 2020). "FDA eases blood donation requirements for gay men amid "urgent" shortage". CBS News. Archived from the original on January 26, 2021. Retrieved April 7, 2020.
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