In Anderson v. S.D. Ret. Sys., 2019 S.D. 11, 924 N.W.2d 146, the plaintiff sought survivor spouse benefits from the South Dakota Retirement System after the death of her wife, a long term partner, who had been a member of the system. The wife retired in 2012, when same-sex marriage was not legally recognized in South Dakota. Following the Supreme Court’s decision in Obergefell v. Hodges in 2015, the couple legally married.
In the case Chicoine v. Chicoine, 479 N.W.2d 891 (S.D. 1992), the parties were married for three years before the wife engaged in a series of openly same-sex affairs. The husband obtained a temporary custody order for their two children and later filed for divorce on the grounds of extreme cruelty. The trial court awarded custody to the husband, granted the wife restricted visitation including unsupervised overnight visits, and imposed an additional condition prohibiting unrelated women or gay men from being present during the visitation.
In Davis v. Wharf Resources (USA), Inc., 2015 S.D. 34, 864 N.W.2d 114, the plaintiff was an employee of Wharf Resources. She applied for a different position within the company, but the position was ultimately offered to a male employee. The plaintiff later learned that her supervisor had made disparaging remarks about women not belonging in mining. She raised concerns about discrimination to management, and several weeks later, she was terminated for alleged disruptive and hostile behavior. She filed a gender discrimination and retaliation claim.
Two decisions, Hughes I (S.D. 1999) and Hughes II (S.D. 2001), arise from the termination of an elementary school guidance counselor after a third-grade student alleged sexual abuse by her father. The guidance counselor, doubting the child’s credibility, spoke directly with the child’s parents instead of reporting the allegations to school authorities or child protective services. The guidance counselor later admitted this during an investigation in which the father was charged with abusing another child.
The plaintiff worked for Hy-Vee Foods for 13 years, until her termination in 2000. During her employment, she overheard derogatory remarks by the store director, including phrases such as “fire the bitch” and comments about another employee’s breast reduction. She reported these incidents to human resources and to the director of operations. Shortly after reporting these incidents, the director of operations terminated her, allegedly stating that “it wasn’t a workable situation anymore.” The plaintiff brought claims of sexual harassment and retaliatory discharge.
South Dakota Codified Laws Chapter 22-19A defines stalking as willfully, maliciously, and repeatedly following or harassing another person, making credible threats, or using repeated communications that cause fear or serious alarm without legitimate purpose. Stalking is a Class 1 misdemeanor in South Dakota, but a subsequent conviction within ten years increases to a Class 6 felony. A Class 1 misdemeanor is punishable by up to 1 year in jail and a $2,000 fine, a Class 6 felony carries a sentence of up to 2 years in prison and a $4,000 fine.
South Dakota Codified Laws Chapter 34-23A regulates the performance of abortions. Section 34-23A-1 defines key terms including “abortion,” “fetus,” and “medical emergency.” Abortion is defined as the “intentional termination of the life of a human being in the uterus.” This chapter establishes that abortions may only be performed in licensed facilities under specified conditions, it requires physi
South Dakota Codified Laws Title 25, Chapter 10 establishes the statutory framework for protection from domestic abuse in the state. Section 25-10-1 defines domestic abuse as physical harm, attempted harm, or conduct that causes fear of imminent physical harm committed within specified relationships, including spouses, former spouses, parents and children, siblings, co-parents, or individuals in a significant romantic relationship within the past year.
South Dakota Codified Laws § 13-67-1 requires all interscholastic, intercollegiate, intramural, or club athletic teams sponsored by schools or organizations under the Board of Regents or the Board of Technical Education to be designated according to biological sex, as shown on a student’s birth certificate. Teams must be designated as female, male, or coeducational/mixed, and only female students based on biological sex may participate in any female-designated sports.
Under South Dakota Codified Laws § 20-13-10 it is an unfair or discriminatory practice for an employer or any person involved in employment decisions to refuse to hire, discharge, or treat an employee or applicant unequally because of race, color, creed, religion, sex, ancestry, disability, or national origin. The statute applies to hiring, promotion, training, compensation, and all conditions of employment.
