 | This article needs additional citations for verification .(April 2015) |
The state of North Dakota has improved in its treatment of lesbian, gay, bisexual and transgender residents in the late 1990s and into the 21st Century, when the LGBT community began to openly establish events, organizations and outlets for fellow LGBT residents and allies, and increase in political and community awareness.
In the 1860s, Mrs. Nash, a transgender woman, served as Libby Custer's favorite laundress while at Fort Abraham Lincoln, south of Mandan, North Dakota. [1] [2] [3] [4]
In the 1970s some businesses tolerated gay customers in Fargo, North Dakota and Grand Forks, North Dakota. A bar in Fargo, North Dakota had a "gay section" and local Chinese restaurant transformed into a popular disco at night.
In the 1980s, the Fargo City Mayor, Jon Lindgren, caused some controversy when he publicly supported gay rights and supported the efforts of a local gay businessman to open up a gay bar, "My Place". The bar remained the only gay bar in North Dakota, until it closed down in 1989.
In 1981, North Dakota Governor Governor Allen Olson signed Executive Order Number 10, [5] which the Governor has recently said, in interviews with the Fargo Forum newspaper, [6] was an attempt to protect State workers from anti-gay discrimination in employment, without expressly mentioning sexual orientation.
In 1981, the North Dakota Supreme Court, in the case of Jacobson v. Jacobson [7] ruled that because of society's prejudices, the sexual orientation of a parent would be the deciding factor in child custody cases. This ruling was subsequently reversed in 2003 by the case of Damron v. Damron. [8]
In 1982, University of North Dakota students, faculty and staff formed the Ten Percent Society, [9] now known as the Queer & Trans Alliance. A chapter of the organization was subsequently set up in Fargo, North Dakota.
In June 1984, Fargo celebrated its first recognized gay pride week, with Mayor Jon Lindgren signing a degree formally recognizing the week's gay pride celebrations. [10]
In 1996, North Dakota lawmakers pass a State edition, "Defense of Marriage Act". The law bans legal recognition of same-sex marriage in North Dakota, including those marriages performed in other States.
In 1999, Equality North Dakota is formed to campaign for LGBT rights in North Dakota, especially the inclusion of sexual orientation and gender identity in the State civil right code. The chairman of the organization was Robert Uebel.
In 1999, a gay bar called I-Beam opened up in Moorhead, Minnesota, which is right across the river from Fargo, North Dakota. The bar attracted LGBT customers from all of North Dakota, as well as much of Western Minnesota. The bar closed down in 2011.
In November 2004, North Dakota voters ratified "Measure 1". The Constitutional Amendment banned legal recognition of same-sex marriage and similar options, including civil unions. Public opposition to the ballot measure came from Equality North Dakota, as well as by the Democratic Governor candidate Joe Satrom and the Libertarian Party of North Dakota. [11]
After 2004, Sherri and Vickie Paxon focused their energies in Bismarck. In late 2003 Dan Tokach and Ron Hildahl and their friends had started Dakota Good Friends to accomplish the Pride efforts, sponsor dances, and other social events. Dakota Outright emerged from Dakota Good Friends with Sherri and Vickie playing leading roles in Dakota OutRight, Q-Talk, LGBT support sessions, and Bismarck Pride. [12] They also began doing LGBTQ cultural competency education in public health, churches, school conferences, universities, and other venues throughout the state. There were later legislative efforts, as well. Brad Perkins tried to reach out to HIV+ people through a support group, Caring Community Contacts.
In April 2009, the North Dakota legislature failed to pass a bill (Senate Bill 2278 [13] ) that would have protected LGBT people from discrimination in employment, housing and public accommodations. The bill had passed in the State Senate, but did not have enough votes to pass in the State House. [14]
In September 2012, the North Dakota State College of Science football program dismissed Jamie Kuntz from the team after news broke that he was gay. The coach and the college insist that the decision was not motivated by Kuntz's sexual orientation, but because he had initially lied about it to his coach and had been seeing kissing his boyfriend. [15]
In November 2012, Joshua Boschee was elected to the North Dakota State legislature, representing District 44. He is the first openly gay person to win a legislative seat in North Dakota, possibly the first openly gay person to hold any partisan, elected public office. [16] Boschee later unsuccessfully ran for the North Dakota Secretary of State, thus being the first openly gay candidate for a statewide office.
In February 2013, the North Dakota legislature failed to pass a bill (Senate Bill 2252 [17] ) that would have protected LGBT people from discrimination in employment, housing and public accommodations. The bill had failed in the State Senate. [18]
In April 2015, the North Dakota legislature failed to pass a bill (Senate Bill 2279 [19] ) that would have protected LGBT people from discrimination in employment, housing and public accommodations. The bill had passed in the State Senate, and failed in the State House. [20]
In April 2015, State Rep. Randy Boehning, a Republican legislator from Fargo, comes out as gay. [21]
In February 2017, the North Dakota legislature failed to pass a bill (House Bill 1386 [22] ) that would have protected LGBT people from discrimination in employment, housing and public accommodations. [23]
A federal judge ordered in March 2018 a drilling rig service company working in North Dakota's Oil Patch to pay a former worker as part of an agreement to settle a lawsuit alleging harassment because he is gay. When filed in December 2016, it was the first case in North Dakota alleging an employer in the state had allowed an employee to suffer sexual harassment because of his sexual orientation. The judge's order for a settlement came a year later in December 2017. [24]
In January 2019, The North Dakota Senate defeated legislation banning discrimination based on sexual orientation, again turning down efforts to add LGBT protections to state law. Senate Bill 2303 (Senate Bill 2303 [25] ) failed in a 20–27 vote. [26]
In April 2020, delegates to the North Dakota Republican Party approved the party platform by a mail-in vote of 621–139. [27] Those who voted included Governor Doug Burgum, United States Senators John Hoeven, Senator and Kevin Cramer, and United States House Representative Kelly Armstrong. Included in the platform was Resolution 31, which claimed civil rights legislation would allow LGBTQ people to "prey" upon straight and cisgender people. Several months later, when the media drew attention to Resolution 31, the text no longer appeared on the party's website. Many Republican delegates condemned the platform. [28] Republican Gov. 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". [29] [27] The chair of the resolutions committee would not say who had written it. [30]
Carrie Evans was elected to the Minot city council in June 2020. [31] Carrie is the first openly gay woman to hold elected office in the State. [32]
In August 2020, the Turtle Mountain Band of Chippewa Indians legalized same-sex marriage by a vote of 6–2, the first Indian tribal reservation in North Dakota to do so. [33]
In September 2020, the rainbow flag was briefly flown under the U.S. flag at the Minot City Hall. [34] The following day, the Minot Daily News took a public stand with Mayor Sipma and council member Carrie Evans on the flag issue. [35] The debate over the flag-raising that focused on Minot's LGBTQ2+ community entered a second round at September 21's Minot City Council meeting. [36] The council voted to put any future flag raisings on hold until a policy is developed. [37] During the meeting, a resident voiced his strong disagreement with that decision. Sipma responded, "It's been referenced a couple of times that there isn't hate or that they're not against those folks. ... I've experienced a tremendous amount of hate towards me and towards the folks that fit under that umbrella. So, what led to my decision on that was also seeing a population within our community that does need to have that issue addressed—the issue of hate. When they came to me, they had stated that they wanted a call for kindness, not necessarily acceptance, but a call for kindness. And that I can appreciate." [38]
The first criminal law against sodomy in North Dakota was enacted in 1862, then the Dakota Territory. It prohibited heterosexual and homosexual fellatio. The law was expanded in 1885 to include anal intercourse and fellatio. [39] The state's vagrancy laws were expanded in 1903 to cover anyone whose speech or conduct was deemed to be "lewd, wanton and lascivious". [39] In State v. Nelson (1917), the North Dakota Supreme Court broadened the scope of the sodomy law to include acts of cunnilingus.
In 1927 the law initially designed to permit the sterilization of mentally and physically disabled inmates was expanded to include anyone who the State authorities believed might be "habitual criminals, moral degenerates and sexual perverts". [39] The forced sterilization law was repealed in 1965.
In 1973, the State legalized private, adult, consensual homosexual relations as part of a larger revision of the criminal code that set the universal age of consent at eighteen years. [40]
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Utah's anti-sodomy law was invalidated in 2003 by Lawrence v. Texas, and fully repealed by the state legislature in 2019. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBTQ people and the rest of the population, and the rights of transgender youth are restricted.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and 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 addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Michigan enjoy the same rights as non-LGBTQ people. Michigan in June 2024 was ranked "the most welcoming U.S. state for LGBT individuals". Same-sex sexual activity is legal in Michigan under the U.S. Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage was legalised in accordance with 2015's Obergefell v. Hodges decision. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Minnesota have the same legal rights as non-LGBTQ people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBTQ people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBTQ) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State. In 2024, the Constitution of New York was amended to explicitly ban discrimination on the basis of gender identity and sexual orientation.
The establishment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Maryland enjoy the same rights as non-LGBTQ people. The state's anti-sodomy provisions were ruled unconstitutional in 1999 and definitively repealed by the state's legislature in 2023. Maryland has had statewide protections against discrimination based on an individual's sexual orientation since 2001 and gender identity since 2014. Legislation to legalize same-sex marriage in Maryland was approved by voters on November 6, 2012, and went into effect on January 1, 2013. Today, the state of Maryland is regarded as one of the most LGBTQ-friendly states in the country, with a 2022 Public Religion Research Institute showing that 87% of Marylanders support LGBTQ anti-discrimination laws. Additionally, a ban on conversion therapy on minors became effective on October 1, 2018. In October 2020, Montgomery County passed unanimously an ordinance that implemented an LGBTIQ+ bill of rights.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Colorado enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th U.S. state to abolish the gay panic defense.
Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in the U.S. state of Oregon have the same legal rights as non-LGBTQ people. Oregon became one of the first U.S. jurisdictions to decriminalize sodomy in 1972, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBTQ people. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBTQ people from unfair discrimination in employment, housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal 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.
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.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and 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. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBTQ residents. LGBT rights in Mississippi are limited in comparison to other states. Same-sex sexual activity is legal in Mississippi as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized since June 2015 in accordance with the Supreme Court's decision in Obergefell v. Hodges. State statutes do not address discrimination on the basis of sexual orientation and 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. The state capital Jackson and a number of other cities provide protections in housing and public accommodations as well.
{{cite web}}: CS1 maint: unfit URL (link)| General | |
|---|---|
| By state | |
| Timelines | |
| Topical | |
| Other | |
