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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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North Dakota's Equality Profile

Quick Facts About North Dakota

Total State Population:

757,952

Total Adult Population:

581,641

Total LGBT Population:

15,704

LGBT % of State Adult Population:

2.7%

% of LGBT Pop Raising Children:

North Dakota's LGBT Policy Tally

Sexual Orientation
Policy Tally:2/19
Gender Identity
Policy Tally:-2.25/18
Overall Tally:-0.25/37
View Methodology/More Information
See how North Dakota compares to the rest of the country on the Snapshot page.

North Dakota's LGBT Laws and Policies

Click on each issue for more information and to see where the state fits into the national landscape.

Key
  • State has this law Indicates state law or policy
  • State has this law Indicates local laws or policies and/or partial law
  • State does not have this law Indicates no law or policy
  • Enumeration not applicable
View Methodology/More Information
Marriage Recognition Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples:

Marriage for Same-Sex Couples
Medical Decision-Making Authority for Married Same-Sex Couples
Stepparent Adoption for Married Same-Sex Couples
Joint Adoption for Married Same-Sex Couples
Subtotal 1/1
Relationship and Parental RecognitionTotal 1/1
View Methodology/More Information
Relationship and Parental Recognition Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
State Family Leave Laws Covering Same-Sex Couples 0/1
State Family Leave Laws Allowing Workers to Care for Children
They Are Raising		 0/1
Second-Parent Adoption for Same-Sex Parents 0.5/1
Adoption Non-Discrimination Protections for LGBT Parents 0/1 0/1
Foster Care Non-Discrimination Protections for LGBT Parents 0/1 0/1
Recognition for Parents Using Donor Insemination 0.5/1
Legal Recognition of De Facto Parents 0/1
Negative Law: Restrictions on Adoption and/or Foster Care
by Same-Sex Parents		 No Negative Law 0/-1
Subtotal 1/7 0/2
Relationship and Parental RecognitionTotal 1/9
View Methodology/More Information
Non-Discrimination Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Employment Non-Discrimination Laws* 0/1 0/1
Housing Non-Discrimination Laws* 0/1 0/1
Public Accommodations Non-Discrimination Laws* 0/1 0/1
Credit and Lending Non-Discrimination Laws 0/1 0/1
Non-Discrimination Policies for State Employees 0/0.5 0/0.5
Negative Law: State Bans Cities and Counties from Passing Non-Discrimination Laws No Negative Law 0/-0.5 No Negative Law 0/-0.5
Subtotal 0/4.5 0/4.5
Non-Discrimination Total 0/9
*If state lacks statewide law, tally looks at local non-discrimination ordinances in employment, housing, and public accommodations and provides partial points based on percent of LGBT population covered by local laws.
View Methodology/More Information
Religious Exemption Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Negative Law: Broad Constitutional or Statutory Religious Exemption Law No Negative Law 0/-0.25 No Negative Law 0/-0.25
Negative Law: Targeted Religious Exemption for Child Welfare Services NEGATIVE LAW -0.25/-0.25 NEGATIVE LAW -0.25/-0.25
Negative Law: Targeted Religious Exemption for Private Wedding Services No Negative Law 0/-0.25
Negative Law: Targeted Religious Exemption for Medical Professionals No Negative Law 0/-0.25 No Negative Law 0/-0.25
Negative Law: Targeted Religious Exemption for State and Local Officials Providing Marriage Licenses No Negative Law 0/-0.25
Subtotal -0.25/-1.25 -0.25/-0.75
Religious Exemption Laws Total -0.5/-2
View Methodology/More Information
LGBT Youth Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Non-Discrimination Laws and Policies Covering LGBT Students † 0/1 0/1
Anti-Bullying Laws and Policies Covering LGBT Students † 0/1 0/1
Negative Law: "Don't Say Gay" Law Barring or Explicitly Restricting Educators From Discussing LGBT People or Issues in Schools No Negative Law 0/-0.5 No Negative Law 0/-0.5
Negative Law: Laws Banning Local Schools and Districts from Passing LGBT Non-Discrimination and/or Anti-Bullying Policies No Negative Law 0/-0.5 No Negative Law 0/-0.5
Conversion Therapy Ban Covering LGBT Youth 0/1 0/1
Protections for LGBT Youth in the Child Welfare System 0.25/0.5 0/0.5
Subtotal 0.25/3.5 0/3.5
LGBT Youth Laws Total 0.25/7
View Methodology/More Information
Health and Safety Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Hate Crime Law Covering LGBT People 0/1 0/1
Private Health Insurance Non-Discrimination Laws 0/1 0/1
Health Insurance Providers Banned from Excluding Coverage for Transgender-Specific Care 0/1
State Medicaid Policy Related to Coverage for Transgender People 0/1
Negative Law: Transgender Inclusive Health Benefits for State Employees NEGATIVE LAW -0.5/0.5
Data Collection for LGBT Adults 0/0.5 0/0.5
Data Collection for LGBT Youth 0.5/0.5
Negative Law: State Criminalizes Exposure to and/or Transmission of HIV NEGATIVE LAW -0.5/-0.5 NEGATIVE LAW -0.5/-0.5
Subtotal 0/3 -1/5
Health and Safety Total -1/8
View Methodology/More Information
Ability for Transgender People to Correct
Name and Gender Marker on Identity Documents		 Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Driver's Licenses 0/1
Birth Certificates NEGATIVE LAW -1/1
Name Change 0/1
Subtotal -1/3
Identity Documents Total -1/3
Grand Totals Sexual Orientation
Policy Tally		 Gender Identity
Policy Tally		 Overall Tally
Totals 2/19 -2.25/18 -0.25/37
Ratings LOW NEGATIVE LOW

Local Municipalities & Counties with Non-Discrimination Ordinances Covering Private Employment, Housing, and Public Accommodations

Sexual Orientation

0%

of population
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • NDOs
    Banned

Gender Identity

0%

of population
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • NDOs
    Banned

NOTE: A city or county with an asterisk (*) indicates that the protections provided therein are not fully comprehensive in that they do not cover employment, housing, and public accommodations. For more information about the scope of a particular ordinance in this category, please contact MAP info@lgbtmap.org.

Only jurisdictions with ordinances that prohibit discrimination in private employment are listed. Other localities may have executive orders that apply to government employees and these are not listed. The level of enforcement of these ordinances may vary by jurisdiction. This information is constantly changing, and we welcome suggestions for additions or changes. Email us here. This data was collected in collaboration with the Equality Federation and Dakota OutRight.

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