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LGBT rights in South Dakota
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. 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. However, discrimination on the account of sexual orientation or gender identity is not expressly addressed in the State's civil right law.
==Law regarding same-sex sexual activity==
In 1862 the Territory of the Dakotas, which included modern-day North and South Dakota, enacted a criminal ban on heterosexual and homosexual sodomy, which was defined as "crimes against nature" and subsequently interpreted by the State Supreme court to include anal intercourse and fellatio.〔()〕
In 1976, private, adult, consensual and non-commercial acts of sodomy were legalized with an age of consent set at thirteen years.〔William N. Eskridge, ''Dishonorable Passions: Sodomy Laws in America, 1861-2003'' (NY: Penguin Group, 2008), 201n, (available online ), accessed April 10, 2010〕 The age of consent was later raised to fifteen years.〔[Laws of South Dakota 1976, page 227, ch. 158, enacted Feb. 27, 1976, effective Apr. 1, 1977〕
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