Rainbow Law has a document package designed to protect same-sex partners in North Dakota. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with North Dakota law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.
Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in North Dakota are not legally recognized as spouses even if they were married in a marriage equality state or country.
Here is a run-down on North Dakota law affecting the LGBTQ community:
1 Recognition of Same-Sex Relationships: North Dakota voters adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships as well as civil unions and domestic partnerships. Similar restrictions appear in the state statutes as well.
In 2012, Joshua Boschee was elected to the North Dakota State legislature, representing District 44. He is the first openly gay person to win a legislative seat in North Dakota, possible the first openly gay person to hold any partisan, elected office in the state.
2 Adoption Law: North Dakota permits adoption by individuals and the law does not expressly ban LGBT people from adopting or having custody of children. However, in the 1980s, the North Dakota Supreme Court ruled that because of societies prejudices, the sexual orientation of a parent would be the deciding factor in child custody cases. This ruling was subsequently reversed in 2003.
The law expressly allows private adoption organizations in the State to discriminate against LGBT individuals or couples seeking to adopt children.
3 Anti-Discrimination Law: No provision of North Dakota law explicitly addresses discrimination on the bases of sexual orientation or gender identity. Since 2001, the Fargo has had a non-discrimination policy that includes sexual orientation, but it only applies to city employment. On June 17, 2013, the Grand Forks City Council approved a measure to protect city employees and city job applicants from discrimination based on gender identity and sexual orientation, becoming the second city in North Dakota to do so. North Dakota law does not address hate crimes based on gender identity or sexual orientation.
4 Sodomy Law: In 1973, the State legalized private, adult, consensual sodomy as part of a larger revision of the criminal code that set the universal age of consent at eighteen years.
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