 | 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. 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 [12] ) 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. [13]
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. [14]
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. [15] 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 [16] ) that would have protected LGBT people from discrimination in employment, housing and public accommodations. The bill had failed in the State Senate. [17]
In April 2015, the North Dakota legislature failed to pass a bill (Senate Bill 2279 [18] ) 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. [19]
In April 2015, State Rep. Randy Boehning, a Republican legislator from Fargo, comes out as gay. [20]
In February 2017, the North Dakota legislature failed to pass a bill (House Bill 1386 [21] ) that would have protected LGBT people from discrimination in employment, housing and public accommodations. [22]
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. [23]
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 [24] ) failed in a 20–27 vote. [25]
In April 2020, delegates to the North Dakota Republican Party approved the party platform by a mail-in vote of 621–139. [26] 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. [27] 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". [28] [26] The chair of the resolutions committee would not say who had written it. [29]
Carrie Evans was elected to the Minot city council in June 2020. [30] Carrie is the first openly gay woman to hold elected office in the State. [31]
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. [32]
In September 2020, the rainbow flag was briefly flown under the U.S. flag at the Minot City Hall. [33] The following day, the Minot Daily News took a public stand with Mayor Sipma and council member Carrie Evans on the flag issue. [34] 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. [35] The council voted to put any future flag raisings on hold until a policy is developed. [36] 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." [37]
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. [38] The state's vagrancy laws were expanded in 1903 to cover anyone whose speech or conduct was deemed to be "lewd, wanton and lascivious". [38] 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". [38] 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. [39]
The rights of lesbian, gay, bisexual, and transgender (LGBT) 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. 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 LGBT people and the rest of the population.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBT 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 LGBT people is illegal under federal law. In addition, the cities of Jackson and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Louisiana, and same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia 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 LGBT people is illegal.
Lesbian, gay, bisexual, and transgender (LGBT) persons in New Jersey have the same rights and responsibilities as heterosexuals. LGBT persons in New Jersey enjoy strong protections from discrimination, and have had the right to marry since October 21, 2013.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Florida may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity became legal in the state after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, and same-sex marriage has been legal in the state since January 6, 2015. Discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations is outlawed following the U.S. Supreme Court's ruling in Bostock v. Clayton County. In addition, several cities and counties, comprising about 55% of Florida's population, have enacted anti-discrimination ordinances. These include Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Tallahassee and West Palm Beach, among others. Conversion therapy is also banned in a number of cities in the state, mainly in Palm Beach County and the Miami metropolitan area.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, transgender (LGBT) rights. 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 sexual 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.
Illinois is seen as one of the most progressive states in the United States in regard to lesbian, gay, bisexual and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Maryland enjoy the same rights as non-LGBT people. 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 LGBT-friendly states in the country, with a 2017 Public Religion Research Institute showing that two-thirds of Marylanders supported same-sex marriage. Additionally, a ban on conversion therapy on minors became effective on October 1, 2018. In October 2020, Montgomery County within Maryland passed unanimously an ordinance that implemented a LGBTIQ+ bill of rights.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Washington have evolved significantly since the late 20th century. Same-sex sexual activity was legalized in 1976. LGBT people are fully protected from discrimination in the areas of employment, housing and public accommodations; the state enacting comprehensive anti-discrimination legislation regarding sexual orientation and gender identity in 2006. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors has also been illegal since 2018.
Lesbian, gay, bisexual and transgender (LGBT) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Hawaii enjoy the same rights as non-LGBT 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, and transgender (LGBT) persons in the U.S. state of Colorado enjoy the same rights as non-LGBT 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 US state to abolish the gay panic defense.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Pennsylvania face some legal challenges and discrimination not experienced by non-LGBT residents. 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, and transgender (LGBT) persons in the U.S. state of Arkansas may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County, Georgia in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBT 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 LGBT people from unfair discrimination in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT 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 LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT 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 LGBT people is illegal under federal law.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S state of Idaho face some legal challenges not experienced by non-LGBT 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 LGBT 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 LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Same-sex sexual activity has been legal since 1980, and same-sex couples have been able to marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
| General | |
|---|---|
| By state | |
| Timelines | |
| Topical | |
| Other | |
