Lesbian, gay, bisexual, and transgender (LGBT) persons in the U. state of South Dakota face some legal challenges not experienced by non-LGBT residents.
Same-sex sexual activity is legal in South Dakota, as is same-sex marriage.
In 1910, the definition of sodomy was expanded to include fellatio after State v. In 1976, private, adult, consensual and non-commercial acts of sodomy were legalized with an age of consent set at thirteen years.
South Dakota voters adopted a constitutional amendment in November 2006 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name, such as civil unions and domestic partnership agreements.
Bruning (2006), which the plaintiffs said did not address the questions they are raising in this case.
On November 12, Judge Schreier denied the defense's motion to dismiss. Hodges on June 26, 2015, which held the denial of marriage rights to same-sex couples unconstitutional, the state defendants asked the Eighth Circuit to vacate the district court decision and dismiss the case as moot.
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