South Dakota

Relationship Recognition Information

Statewide Relationship Recognition
no Licenses marriages for same-sex couples.
no Honors marriages of same-sex couples from other jurisdictions.
no Relationship recognition for same-sex couples: None.

  • 2006 Anti-marriage constitutional amendment passes at the ballots in the November elections. See S.D. Constitution § 0N-21-9.
  • 2000 Anti-marriage bill adopted, again. HB 1163 — Not content with having passed an anti-marriage measure in 1996, the legislature passed an additional anti-gay anti-marriage bill declaring that the state will respect any marriage contracted out of state except for those of same-sex couples. The bill was sponsored by House Speaker Roger Hunt (R). See S.D. Codified Laws § 25-1-1 and § 25-1-38.

Employment Information

Statewide Employment Protections
no Private employment protections based on sexual orientation.
no Private employment protections based on gender identity.
no Public (state) employment protections based on sexual orientation.
- Public (state) employment protections based on gender identity.

See S.D. Codified Laws § 20-13-10 (2002), § 20-13-20 (2002), § 20-13-23 (2002) and § 20-13-24 (2002).

Parenting Information

Statewide Parenting Laws
Who May Adopt Any adult. S.D. Laws § 25-6-2
Second Parent Adoptions Not yet permitted.

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