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BREAKING NEWS: U.S. Supreme Court Rules In LGBTQ Employment Cases
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North Dakota's Equality Profile

Quick Facts About North Dakota

Total State
Population:

760,077 Census 2018

Total Adult
Population:

581,379 Census 2018

Total LGBTQ Adult
Population:

16,000 Gallup/Williams 2018

% of Adults (18+) Who are LGBTQ:

2.7% Gallup/Williams 2018

% of LGBTQ Adults (25+) Raising Children:

10% Gallup/Williams 2018

North Dakota's LGBTQ Policy Tally

Sexual Orientation
Policy Tally:1.5/18.5
Gender Identity
Policy Tally:-3/20
Overall Tally:-1.5/38.5
View Methodology/More Information
See how North Dakota compares to the rest of the country on the Snapshot page.

North Dakota's LGBTQ 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
Relationship and Parental 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

 1/1
Second-Parent Adoption for Unmarried Couples 0/1
Family Services Nondiscrimination Laws

Adoption Nondiscrimination Protections for LGBTQ Parents
Foster Care Nondiscrimination Protections for LGBTQ Parents
0/0.5
0/0.5
0/0.5
0/0.5
Recognition for Parents Using Assisted Reproduction 1/1
Recognition of De Facto Parents 0/1
Family Leave Laws

LGBTQ-Inclusive Definitions of Spouse/Partner
LGBTQ-Inclusive Definitions of Children/Parents
0/0.5
0/0.5

Subtotal 2/6 0/1
Relationship and Parental RecognitionTotal 2/7
View Methodology/More Information
Nondiscrimination Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
As a result of a June 2020 U.S. Supreme Court ruling, people in all states can seek recourse for employment discrimination based on sexual orientation and gender identity through the federal Equal Employment Opportunity Commission and federal courts.
Employment Nondiscrimination Laws* 0/1 0/1
Housing Nondiscrimination Laws* 0/1 0/1
Public Accommodations Nondiscrimination Laws* 0/1 0/1
Credit and Lending Nondiscrimination Laws 0/1 0/1
Nondiscrimination Policies for State Employees 0/0.5 0/0.5
Negative Law: State Bans Cities and Counties from Passing Nondiscrimination Laws No Negative Law 0/-1 No Negative Law 0/-1
Subtotal 0/4.5 0/4.5
Nondiscrimination Total 0/9
*If state lacks statewide law, tally looks at local Nondiscrimination ordinances in employment, housing, and public accommodations and provides partial points based on percent of LGBTQ 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 "RFRA" or Religious Exemption Law No Negative Law 0/-0.5 No Negative Law 0/-0.5
Negative Law: Targeted Religious Exemption for Child Welfare Services NEGATIVE LAW -1/-1 NEGATIVE LAW -1/-1
Negative Law: Targeted Religious Exemption for Medical Professionals No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Targeted Wedding Services

Private Wedding Services
State and Local Officials Providing Marriage Licenses 		No Negative Law
No Negative Law 		0/-0.5
0/-0.5

Subtotal -1/-3.5 -1/-2.5
Religious Exemption Laws Total -2/-6
View Methodology/More Information
LGBTQ Youth Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Nondiscrimination Laws and Policies Covering LGBTQ Students 0/1 0/1
Anti-Bullying Laws and Policies Covering LGBTQ Students 0/1 0/1
Negative Law: "Don't Say Gay" Law Barring or Explicitly Restricting Educators From Discussing LGBTQ People or Issues in Schools No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Laws Banning Local Schools and Districts from Passing LGBTQ Nondiscrimination and/or Anti-Bullying Policies No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: State Law Prevents Transgender Students from Participating in Sports Consistent With Their Gender Identity No Negative Law 0/-1
Conversion Therapy Ban Covering LGBTQ Youth 0/1 0/1
Protections for LGBTQ Youth in the Child Welfare System 0.5/1 0/1
Subtotal 0.5/4 0/4
LGBTQ Youth Laws Total 0.5/8
View Methodology/More Information
Healthcare Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Private Health Insurance Nondiscrimination 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

LGBTQ Adults
LGBTQ Youth
0/0.5
0.5/0.5
0/0.5
0/0.5
Subtotal 0.5/2 -0.5/4.5
Healthcare Total 0/6.5
View Methodology/More Information
Criminal Justice Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Hate Crime Law Covering LGBTQ People 0/1 0/1
Ban on Panic Defense 0/1 0/1
Negative Law: State Criminalizes Exposure to and/or Transmission of HIV NEGATIVE LAW -0.5/-1 NEGATIVE LAW -0.5/-1
Subtotal -0.5/2 -0.5/2
Criminal Justice Total -1/4
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
Changing Gender Marker on Driver's Licenses 0/1
Changing Gender Marker on Birth Certificates NEGATIVE LAW -1/1
Gender Neutral Options

"X" Option on Driver's Licenses
"X" Option on Birth Certificates


0/0.5
0/0.5
Name Change Process 0/1
Subtotal -1/4
Identity Documents Total -1/4
Grand Totals Sexual Orientation
Policy Tally		 Gender Identity
Policy Tally		 Overall Tally
Totals 1.5/18.5 -3/20 -1.5/38.5
Ratings LOW NEGATIVE NEGATIVE

Local Nondiscrimination Ordinances

Sexual Orientation

0%

of population
fully protected

7%

of population only
partially
protected

    Legend

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

County map only shows areas with full protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and public accommodations)

Gender Identity

0%

of population
fully protected

7%

of population only
partially
protected

    Legend

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

County map only shows areas with full protections for gender identity (i.e., discrimination prohibited in private employment, housing, and public accommodations)

City and County Listing:

Fully inclusive
SO/GI protections		 Local Sexual Orientation Protections Local Gender Identity Protections
Employment Housing Public Accom. Employment Housing Public Accom.
Grand Forks

- Local ordinance does not provide this protection, but county/state does
- Local ordinance provides this protection

NOTE: 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. For questions regarding ordinances or any other aspect of the state profile, please contact MAP at info@lgbtmap.org.

This data was collected in collaboration with the Equality Federation and North Dakota Human Rights Coalition and is maintained by MAP.

Local Conversion Therapy Ordinances

Conversion Therapy Bans

0%

of population
protected

    Legend

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

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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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