South Dakota

Relationships

NO
Does the state allow same-sex couples to marry?
NO
Does the state recognize marriages of same-sex couples from other jurisdictions?
NO
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 2006 to read: “Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.” See S.D. Constitution § 0N-21-9.

State statute prohibits marriage between same-sex couples. See S.D. Codified Laws § 25-1-1 and § 25-1-38.

Workplace

NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
NO
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

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

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." 

Parenting

Miscellaneous
Who may adopt?

Any adult. See S.D. Laws § 25-6-2.

Miscellaneous
Second-parent adoptions:

 Not yet permitted.

Bullying

YES
Does state law prohibit bullying in public schools?
YES
Does the law include cyberbullying?
NO
Does the law specifically mention sexual orientation?
NO
Does the law specifically mention gender identity?
NO
Does the law also apply to private, non-religious schools?
NO
Is there a state antidiscrimination law that applies (or may apply) to schools?