| Part of the LGBT rights series |
 LGBTQportal |
Same-sex marriage has been legal in North Dakota since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which invalidated state bans on same-sex marriage throughout the United States. Previously, North Dakota had restricted marriage to the "union of one man and one woman" both by statute and in its State Constitution.
North Dakota voters adopted a constitutional amendment in November 2004 that defined marriage as the "union of a man and a woman" and prohibited the recognition of same-sex relationships as well as civil unions and domestic partnerships. [1] State statutes also banned same-sex marriage. [2]
Following the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, a judiciary committee of the North Dakota Legislature began examining the possibility of removing the now-invalid statutory and constitutional restrictions on same-sex unions in the state. The committee said it would not make any recommendations until at least January 2017. [2] On January 10, 2017, the North Dakota Senate rejected Senate Bill 2043, which would have replaced references to "husband and wife" in state statutes with gender-neutral references to "two people". The bill was rejected by 31 votes to 15, and came after the committee had canvassed the issue though had been unable to come to a formal recommendation. [3] Kelly Armstrong, the chair of the North Dakota Republican Party, voted in favor, but said that the measure was "only symbolic" since same-sex marriage is legal in North Dakota, "I think it's a pretty drastic over-estimation that we would end up in litigation if we don't pass this bill." [4]
On June 6, 2014, seven same-sex couples filed a federal lawsuit against North Dakota officials, seeking the right to marry and recognition of marriages performed in other jurisdictions. Five of the couples had married in other states and one couple in Canada. The suit, Ramsay v. Dalrymple, was brought by Minneapolis civil rights attorney Joshua A. Newville, who filed a similar lawsuit on behalf of six same-sex couples in South Dakota on May 22, 2014. [5] First-named defendant Governor Jack Dalrymple filed a motion to dismiss on July 1. The plaintiffs filed a motion for summary judgment on July 22. Briefing was completed by September 5. [6] Lambda Legal filed a similar lawsuit, Jorgensen v. Montplaisir, on June 9, 2014 on behalf of two women, residents of Fargo, who had married in Minnesota. [7] On January 20, 2015, U.S. District Court Judge Ralph R. Erickson stayed proceedings in both cases pending the outcome of several same-sex marriage cases in the U.S. Supreme Court. [6] [8]
On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Due Process and Equal Protection clauses of the Fourteenth Amendment, legalizing same-sex marriage nationwide in the United States. Governor Dalrymple issued a one-sentence statement that acknowledged the decision and said the state would comply, "The U.S. Supreme Court has ruled that same-sex marriage is legal throughout the nation, and we will abide by this federal mandate." [9] Same-sex couples began marrying in North Dakota immediately following the Supreme Court's ruling, with Jesse Masterson and Trever Hill being the first same-sex couple to file marriage paperwork at the Cass County Clerk's Office on June 26. [10] Attorney General Wayne Stenehjem said the state might have to wait for Judge Erickson to issue a ruling lifting the stay he had issued in January, but Newville said there was "no question" about whether same-sex couples had the right to marry in North Dakota, with or without an order from Judge Erickson. Stenehjem nonetheless said that the ruling "overrides any conflicting state, constitutional or statutory provisions". [9]
On June 29, Judge Erickson lifted the stay he had issued in Jorgensen and declared North Dakota's constitutional and statutory restrictions on access to marriage by same-sex couples and the recognition of such marriages from other jurisdictions invalid. [11]
State Representative Joshua Boschee welcomed the court ruling, saying that it creates a more compassionate environment for LGBT people, "I think back to, even my own youth, when you didn't have any out people around and you had nobody to look up to. LGBT and their straight friends now live in a country where the full rights and responsibility of marriage are afforded to everyone." [10] Senator Heidi Heitkamp said, "Today is an historic day for equal rights, for justice, and for individuals and couples across the country who can no longer be treated differently because of who they love." A group of supporters gathered outside the Grand Forks County Courthouse to celebrate the court ruling. Among them, former State Senator JoNell Bakke who said she had been "waiting for this to happen for quite some time". "There's still going to be pushback from the state, obviously. But this sets the tone that if it's legal to be married, it's illegal to discriminate against [people who identify as gay]", Bakke said. Opponents of same-sex marriage said they were disappointed. Senator John Hoeven said "I, like many others across America, am disappointed by today's Supreme Court ruling approving same-sex marriage, and believe as a matter of religious principle that marriage is the union between one man and one woman", despite the United States being a secular state. Kevin Cramer, U.S. Representative for North Dakota's at-large congressional district, said the ruling was "another example of activist judges overstepping their authority". [9]
In August 2020, the Tribal Council of the Turtle Mountain Band of Chippewa Indians legalized same-sex marriage by a vote of 6–2, making it the first Native American tribe in North Dakota to do so. [12] The Council replaced all references to "husband and wife" in the Tribal Code with the gender-neutral term "spouses". [13] Other tribes in North Dakota do not perform same-sex marriages. The Law and Order Code of the Spirit Lake Tribe states that marriages consummated by tribal custom are valid, but requires that the parties declare in the presence of the officiant that they take each other as "husband and wife". [14] The Law and Order Code of the Standing Rock Sioux Tribe provides that "for a man and a woman to be married under this chapter" they must be at least 18 years old, or 16 if they have obtained the consent of their parents or guardians, and freely consent themselves. The code also states that any marriage validly contracted in the United States, any tribe, state, or foreign nation shall be "for all purposes" recognized as valid by the Standing Rock Sioux Tribe. [15]
While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. [16] This two-spirit status allowed for marriages between two biological males to be performed in some of these tribes. Dakota culture has traditionally recognized two-spirit people, known in the Dakota language as wiŋkta (pronounced [ˈwĩkta] ). [17] Many wiŋkta married cisgender men, without indication of polygyny, but some remained unmarried and lived in their own tipis, and were visited by married men for sexual intercourse when the men's wives were pregnant or menstruating, and therefore when sexual intercourse was forbidden to them. [16]
Similarly, the Hidatsa and the Arikara peoples of the Mandan, Hidatsa, and Arikara Nation have traditionally recognized two-spirit individuals who crossed out of the masculine gender. Hidatsa míahdi (pronounced [míàhti] ) [18] performed handiwork such as beadwork and quillwork. They also commonly took in orphans from their tribe or children captured on raids, [16] were allowed to access ceremonial groups reserved to women, and were important for the preparation of the traditional Sun Dance. Míahdi were sometimes wives in polygynous households but also established their own households with older, unmarried, childless men and filled out the household with adoptive children. [16] Two-spirit individuals are known as skuxát (pronounced [sku̥xə́t] ) in the Arikara language, [19] and as wąrų́ųxik nų́p in the Mandan language. [16] The Ojibwe refer to two-spirit people as niizh manidoowag (pronounced [niːʒ maˈnɪˌdoːˌwak] ). [20] Many were wives in polygynous households. [16]
Data from the 2000 U.S. census showed that 703 same-sex couples were living in North Dakota. By 2005, this had increased to 1,070 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state, except Hettinger and Slope counties, and constituted 0.5% of coupled households and 0.3% of all households in the state. Most couples lived in Cass, Burleigh and Grand Forks counties, but the counties with the highest percentage of same-sex couples were Logan (0.73% of all county households) and Oliver (0.63%). Same-sex partners in North Dakota were on average older than opposite-sex partners, and less likely to be employed. The average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 40% of same-sex couples in North Dakota were raising children under the age of 18, with an estimated 424 children living in households headed by same-sex couples in 2005. [21]
As of November 30, 2015, approximately 60 marriage licenses had been issued to same-sex couples in North Dakota. Of the state's 53 counties, 18 had issued at least one marriage license to a same-sex couple, [22] mostly in Cass, Grand Forks, Burleigh and Ward counties. By January 5, 2016, the number had risen to approximately 75, accounting for over 1.5% of all marriage licenses issued in the state during that period. [2]
The 2020 U.S. census showed that there were 671 married same-sex couple households (264 male couples and 407 female couples) and 715 unmarried same-sex couple households in North Dakota. [23]
| Poll source | Dates administered | Sample size | Margin of error | Support | Opposition | Do not know / refused |
|---|---|---|---|---|---|---|
| Public Religion Research Institute | March 9 – December 7, 2023 | 158 adults | ? | 59% | 40% | 1% |
| Public Religion Research Institute | March 11 – December 14, 2022 | ? | ? | 66% | 34% | <0.5% |
| Public Religion Research Institute | March 8 – November 9, 2021 | ? | ? | 69% | 30% | 1% |
| Public Religion Research Institute | January 7 – December 20, 2020 | 151 adults | ? | 55% | 45% | <0.5% |
| Public Religion Research Institute | April 5 – December 23, 2017 | 247 adults | ? | 53% | 35% | 12% |
| Public Religion Research Institute | May 18, 2016 – January 10, 2017 | 331 adults | ? | 46% | 46% | 8% |
| Public Religion Research Institute | April 29, 2015 – January 7, 2016 | 276 adults | ? | 43% | 44% | 13% |
| Forum Communications/University of North Dakota | October 2014 | 505 likely voters | ± 5.0% | 37% | 50% | 13% |
In the poll conducted by Forum Communications and the University of North Dakota's College of Business and Public Administration in October 2014, 50% of North Dakota voters opposed the legalization of same-sex marriage and 37% supported it. Some 9% reported they were neutral and 4% had refused to answer. According to an earlier report by the Williams Institute, support for same-sex marriage had been 23% in 2004 and 40% in 2012. [24] [25]
Same-sex marriage has been legal in California since June 28, 2013. The State of California first issued marriage licenses to same-sex couples from June 16, 2008 to November 5, 2008, a period of approximately 4 months, 2 weeks and 6 days, as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the U.S. Supreme Court's decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.
Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.
Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015. Florida was the 35th U.S. state to legalize same-sex marriage.
Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.
Same-sex marriage became legally recognized statewide in New Mexico through a ruling of the New Mexico Supreme Court on December 19, 2013, requiring county clerks to issue marriage licenses to all qualified couples regardless of gender. Until then, same-sex couples could only obtain marriage licenses in certain counties of the state. Eight of the 33 counties, covering 58% of the state's population, had begun issuing marriage licenses to same-sex couples in August and September 2013. New Mexico's marriage statute was not specific as to gender, and it was the only state lacking a state statute or constitutional provision explicitly addressing same-sex marriage. Lacking a state law or judicial ruling concerning same-sex marriage prior to December 19, 2013, policy for the issuance of marriage licenses to same-sex couples was determined at the county level at the discretion of local issuing authorities i.e., some counties recognized same-sex marriage and issued marriage licenses to same-sex couples, while others did not.
Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.
Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.
Same-sex marriage has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.
Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.
Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage. North Carolina was the 28th U.S. state to legalize same-sex marriage.
Same-sex marriage has been legal in Louisiana since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The court held that the denial of marriage rights to same-sex couples is unconstitutional, invalidating Louisiana's ban on same-sex marriage. The ruling clarified conflicting court rulings on whether state officials are obligated to license same-sex marriages. Governor Bobby Jindal confirmed on June 28 that Louisiana would comply with the ruling once the Fifth Circuit Court of Appeals reversed its decision in a Louisiana case, which the Fifth Circuit did on July 1. Jindal then said the state would not comply with the ruling until the U.S. District Court for the Eastern District of Louisiana reversed its judgment, which it did on July 2. All parishes now issue marriage licenses in accordance with federal law.
Same-sex marriage has been legal in Alabama since June 26, 2015, in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling, copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling, twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously, Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996, by statute in 1998, and by constitutional amendment in June 2006.
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.
Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said that the state would comply and recognize same-sex marriages. Previously, South Dakota had restricted marriage to the "union of a man and a woman" both by statute and in its State Constitution.
Same-sex marriage has been legal in Nebraska since June 26, 2015, when the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment to the U.S. Constitution. Following the court ruling, Attorney General Doug Peterson announced that the state of Nebraska would comply and recognize same-sex marriages.
Same-sex marriage became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.
Same-sex marriage has been legal in Oklahoma since October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to review Bishop v. Smith, a case that had found the ban unconstitutional, the Tenth Circuit Court of Appeals ordered Oklahoma to recognize same-sex marriages. On January 14, 2014, Judge Terence C. Kern of the U.S. District Court for the Northern District of Oklahoma declared the state's statutory and constitutional same-sex marriage bans unconstitutional. The case, Bishop v. Smith, was stayed pending appeal. On July 18, 2014, a panel of the Tenth Circuit upheld Kern's ruling overturning Oklahoma's same-sex marriage ban. However, the panel put its ruling on hold pending disposition of a petition for certiorari by the U.S. Supreme Court. On October 6, 2014, the U.S. Supreme Court rejected the request for review, leaving the Tenth Circuit Court's ruling in place. State officials responded by implementing the Tenth Circuit's ruling, recognizing same-sex marriage in the state.
Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.
Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.
