North Dakota LGBT Laws

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:

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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:

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

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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.

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].

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

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].

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].

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].

In 1973, the North Dakota legislature repealed the law prohibiting consensual sex [R1.1].

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].

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].

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].

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]