Laws

United States of America

NORTH DAKOTA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crime
  HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Parenting
  Partners
Property
Sodomy
Taxation
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

State

Consensual sex between same-sex couples is lawful at age eighteen (18) years.


Title 12.1 Criminal Code. Chapter 12.1-20 Sex Offences

12.1-20-01. General Provisions.

In sections 12.1-20-03 through 12.1-20-08:

3. When criminality depends on the victim being a minor fifteen years of age or older, the actor is guilty of an offense only if the actor is at least three years older than the minor.

12.1-20-03. Gross sexual imposition - Penalty.

1. A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if:

d. The victim is less than fifteen years old; or

12.1-20-05. Corruption or solicitation of minors.

1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older.

2. An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony.

L1.1 Title 12.1 Criminal Code. Chapter 12.1-20 Sex Offences PDF 83.09kb, 16 JUN 11
Children: Access, Custody, Visitation Legislation/Cases/References
1.

Courts & Tribunals

On 13 November 2003 in Damron v. Damron [C1.3], the North Dakota Supreme Court struck down Jacobson v. Jacobson [C1.2], a 1981 decision that had been used to deny lesbian and gay parents custody of their children solely because of their sexual orientation [R1.1].

The Court held that “ … a custodial parent's homosexual household is not grounds for modifying custody within two years of a prior custody order in the absence of evidence that environment endangers or potentially endangers the children's physical or emotional health or impairs their emotional development” [C1.3].

C1.3 NDSC Opinions: Damron v. Damron 2003 ND 166, 13 NOV 03
C1.2 NDSC Opinions: Jacobson v. Jacobson Civil No. 10011, 30 DEC 81
R1.1 365Gay.com: North Dakota Strikes Down Anti-Gay Parenting Ruling 14 NOV 03
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [MARRIAGE] [TAXATION]
1.

State

No State or municipality is known to offer domestic partner benefits.

   
Discrimination Legislation/Cases/References
1.

State

On 14 February 2013, Senators voted 26–21 against anti-discrimination Bill SB2252 [R1.5].

On 21 January 2013, Senate Bill SB2252 Relating to discrimination on the basis of sexual orientation, was introduced and would if passed into law, prohibit discrimination based on sexual orientation (which includes “gender identity”) in housing, government, public services and the workplace. The bill exempts religious organisations [L1.4], [R1.3].

In April 2009, the North Dakota House opted to defeat an anti-discrimination bill as opponents derided it for protecting "lifestyle choices" [R1.2].

In February 2009, the state Senate of North Dakota passed State Senate Bill 2278 that bars discrimination on the basis of sexual orientation and gender identity in matters of employment, public accommodations, housing, state and local government services, insurance and credit transactions [R1.1].

R1.5 Houston Chronicle: Sexual discrimination bill fails in ND Senate 15 FEB 13
L1.4 SB2252: Relating to discrimination on the basis of sexual orientation (Registration)
R1.3 TwinCities: North Dakota bill would ban gay, lesbian discrimination 07 FEB 12
R1.2 PinkNews.co.uk: North Dakota lawmakers deem sexual orientation 'a lifestyle choice' 06 APR 09
R1.1 PinkNews.co.uk: US State Moves to Grant Workplace Protection to LGBT People 20 FEB 09

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [DISCRIMINATION]
1.

State

Discrimination on the basis of gender identity in employment, public accommodations, housing, state and local government services, insurance and credit transactions is unlawful [R1.1].

R1.1 PinkNews.co.uk: US State Moves to Grant Workplace Protection to LGBT People 20 FEB 09
Hate Crime Legislation/Cases/References
1.

State

On 01 February 2011, Senators defeated proposed legislation for harsher criminal penalties for racially motivated assaults and attacks on gays and lesbians 37–10 [R1.1].

R1.1 The Bismarck Tribune: North Dakota Senate rejects harsher 'hate' assault penalties 01 FEB 11
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

State

In 1973, the North Dakota legislature repealed the law prohibiting consensual sex [R1.1].

R1.1 Lambda: North Dakota State Law
Marriage Legislation/Cases/References
1.

State:

In 2004, the Article XI Section 28 of the State Constitution was amended to read:

"Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect." [R1.3].


On 10 Jauary 2017, the Senate rejected 15-31 a measure (SB 2043) that would have changed state law to reflect the U.S. Supreme Court's decision that same-sex couples have the right to marry. The Senate Judiciary Committee, has previously voted 4-2 to recommend against passage [R1.2].

In 1997 a law was passed prohibiting the same-sex marriages and the recognition of out of state same-sex marriages [R1.1].

2.

Courts & Tribunals:

On 29June 2015, US District Court Judge Ralph Erickson declared that the State ban on same-sex marriage is “unconstitutional and invalid”, granting summary judgment in favor of Fargo couple Janet Jorgensen and Cynthia Phillips, who were married in Minnesota in 2013, one of seven couples who sued North Dakota for not recognizing their same-sex marriage [R2.5].

On 20 January 2015, without explanation Chief Judge Ralph Erickson in the US District Court of North Dakota entered a text only order placing the same-sex marriage cases of Ramsay et al v. Dalrymple et al., and Jorgensen et al v. Montplaisir et al., on hold pending a decision by the United States Supreme Court in the four consolidated cases before it [R2.4].

On 11 June 2014, a second complaint was reported as being filed by Lamda Legal on behalf of Jan Jorgensen and Cindy Phillips challenging the state ban on same-sex marriage [R2.3].

On 06 June 2014, a complaint was filed in the US District Court North Dakota on behalf of seven same-sex couples challenging the state constitutional ban on same-sex marriage [C2.2], [R2.1].

R1.3 North Dakota Legislative Branch: Constitution of North Dakota 01 JAN 07
R1.2 ONENewsNow: North Dakota rejects changes to reflect homosexual marriage ruling 10 JAN 17
R1.1 North Dakota Legislative Branch: Domestic Relations and Persons "CHAPTER 14-03 – MARRIAGE CONTRACT" 14.03.01, 14.03.08
R2.5 InFORUM: Judge rules ND gay marriage ban 'invalid' 29 JUN 15
R2.4 WashingtonBlade: Court halts same-sex marriage lawsuits in North Dakota 20 JAN 15
R2.3 LGBTQ Nation: Second lawsuit filed challenging North Dakota same-sex marriage ban 11 JUN 14
C2.2 Complaint: Ron Ramsay and Peter Vandervort et al. v. Jack Dalrymple et al. 3:14-CV-57 PDF 2.24MB, 06 JUN 14
R2.1 EqualityOnTrial: Federal challenge to North Dakota same-sex marriage ban filed 06 JUN 145
Parenting, Adoption Fostering Legislation/Cases/References
1.

State

North Dakota law permits child-placing agencies to discriminate against prospective adoptive parents based on religious or moral objection, which may have the effect of restricting adoption by gay individuals [R1.1].

R1.1 PinkNews.co.uk: Court Challenge Could End Florida's Ban on Gay Adpotion 26 NOV 08
Taxation Legislation/Cases/Documents/References
See also: [MARRIAGE] [TAXATION]
1.

State

On 09 October 2013, though the State doesn't recognise same-sex marriages, the North Dakota Office of State Tax Commissioner released a tax form for married same-sex couples, splitting up a couple's federal tax filing so they can file as individuals in North Dakota [D1.2], [R1.1]

D1.2 ND-1S: Allocation of Income by Same-Sex Individuals Filing A Joint Federal Return PDF 166.22kb, 09 OCT 13
R1.1 TheDickinsonPress:: For same-sex couples, a new tax form 15 OCT 13

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