United States

The plaintiff-appellant a trans woman lieutenant in the Salem, Ohio, Fire Department, sued the City of Salem, alleging discrimination based on sex in violation of Title VII of the Civil Rights Act. According to the plaintiff’s complaint, after she began expressing a more feminine appearance at work on a full-time basis, her co-workers informed her that she was not acting masculine enough. She then notified her immediate supervisor that she had been diagnosed with gender identity disorder and that she planned to physically transition from male to female.

The Social Services Act of 1978 established the Domestic Violence Prevention and Treatment Board, which was later reorganized and renamed the Domestic and Sexual Violence Prevention and Treatment Board by Executive Order No. 2012-17. The Board is required to conduct its business in public meetings with prior public notice specifying the time, date, and place.

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.

South Dakota Codified Laws § 20-13-60 Public changing rooms, sleeping quarters, and restrooms--Use restricted--Reasonable efforts required, prohibits a biological male from entering a changing room, restroom, or sleeping quarters designated exclusively for females, and vice versa, except in limited circumstances such as parental accompaniment of a child under 10, disability assistance, law enforcement duties, or emergencies. Schools and other facilities must make reasonable efforts to enforce this provision.

South Dakota Codified Laws § 21-5-1, liability for wrongful death where damages for injury could have been recovered–unborn child, allows a mother or married parents to recover damages for the wrongful death or injury of their unborn child caused by a wrongful act, neglect, or default that would have given rise to liability if the child had survived. The statute expressly recognizes the right to pursue damages for the death of an unborn child when the underlying conduct amounts to at least a felony.

South Dakota Codified Laws § 22-14-15.2 Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights, makes it unlawful for a person convicted of a misdemeanor crime involving domestic violence to possess or control a firearm for one year following their conviction. Absent further violations, firearm rights are restored. Possession within the prohibited period is a Class 1 misdemeanor, punishable by up to one year in prison, a $2,000 fine, or both.