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.
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
Under South Dakota Codified Laws Chapter 22-17 Unauthorized Abortion, Section 6 makes it a crime to intentionally kill a human fetus by causing an injury to the mother. The injury must have been unauthorized under 34-23A, which contains the provisions for the performance of abortions.
Under South Dakota Codified Laws § 22-23-2 it is a Class 5 felony to promote prostitution by encouraging, inducing, or procuring another person to engage in the act, including causing a spouse, child, or dependent to become or remain a prostitute. Section 22-23-8 extends criminal liability to acts such as soliciting customers for prostitutes, procuring individuals for prostitution, transporting people
Under South Dakota Codified Laws § 22-23-1 it is a crime for any person 18 years of age or older to engage in sexual activity for a fee or other compensation, including intercourse, oral or anal sex, or other sexual contact intended to gratify desire. It is also unlawful to hire or attempt to hire another for prostitution. An affirmative defense exists if the defendant was compelled through human trafficking or threats of bodily harm.
South Dakota Codified Laws § 22-24B-1 defines the range of offenses classified as “sex crimes” that would trigger mandatory sex offender registration, including rape, felony sexual contact with a minor under 16, sexual contact with a person incapable of cons
Under South Dakota Codified Laws § 22-18-37, knowingly circumcising, excising, mutilating, or infibulating the genitalia of a female under the age of 18 is a crime. This includes consenting to, permitting, or arranging such conduct, including transporting a minor out of state for the procedure. The offense is classified as a Class 4 felony, which is punishable by up to ten years in prison, a fine of up to $20,000, or both.
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.
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.
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.
