State

Consensual sex between same-sex couples is lawful at sixteen (16) years.

South Dakota Codified Laws Title 22 Crimes, Chapter 22 Sex Offences [L1.1]

22-22-7. Sexual contact with child under sixteen — Felony or misdemeanor

Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

State

No State or municipal authorities are known to offer domestic partner benefits

In 2002, Citibank and Gateway and some other South Dakota companies reportedly offered benefits to domestic partners [R1.1].

Courts & Tribunals

On 14 March 2011, Judge Bill Srstka signed petitions giving two Sioux Falls women who were legally married in Iowa the right to use their married names in their home state – after the Department of Public Safety refused to issue them driver's licenses in their married names. In February, Judge Steven Jensen granted a similar petition to Amy Stabe from North Sioux City [R2.1].

State

Sexual orientation is not included in state discrimination codes [R1.1].

The section of the state code dealing with human rights does not mention sexual orientation among unfair discriminatory practices [R1.1].

State

Under South Dakota state law, each count of intentionally spreading HIV is a felony punishable by up to 15 years in prison and/or a $15,000 fine [L1.5], [R1.4].

It is a defence that the accused partners knew, on the balance of probabilities, the accused had HIV and agreed to consensual sexual acts [R1.3].

In 2002, it was alleged that the law was unconstitutional [R1.2].

In March 2003, the legislature passed a bill that would allow the state health department to release otherwise confidential HIV records to prosecutors who are investigating people for intentionally exposing others to HIV [R1.1].

State

In 1977, consensual sex between same sex couples became lawful [R1.1] with the repeal of § 22–22–21 of the South Dakota Codified Laws.

State

South Dakota Constitution Article 21 Miscellaneous [L1.3]

§9 . Marriage.

Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.

South Dakota Code Title 25 Domestic Relations, Chapter 25–1 Validity and Performance of Marriages [L1.2].

25-1-38. Validity of marriages contracted outside state — Same-sex marriages excluded. Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.

On 07 November 2006, the voters approved an amendment to the constitution making same-sex marriage unlawful [L1.3].

In 2000, the law was amended to say that same-sex marriages performed in other states wouldn't be recognized [R1.1].

In 1996, the state legislature passed a law that said a legal marriage happens between a man and a woman [R1.1].