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North Dakota ▼
Does the state allow same-sex couples to marry?
Does the state recognize marriages of same-sex couples from other jurisdictions?
Does the state offer any other type of relationship recognition for same-sex couples?
The state constitution prohibits marriage between same-sex couples. Amended in 2004 to read: “Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.” See N.D. Constitution, Article XI § 28. State statute prohibits marriage between same-sex couples. See N.D. Century Code §§ 14.03.01 and 14.03.08.
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Who may adopt?
Any unmarried adult. Married persons must generally petition jointly unless excused by court. See N.D. Cent. Code 14-15-03.
Not yet permitted.
Judicial attitudes showing gradual improvement. See Damron v. Damron, 670 N.W.2d 871 (N.Dak. 2003).
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