This page contains state-specific research for the state of South Dakota:
- By Jordan Blair Woods, Brad Sears, Christy MallorySeptember 2016“Gay panic” and “transgender panic” defenses have been asserted by defendants in criminal trials throughout the U.S. since the 1960s. In these cases, defendants have argued that their violent behavior was a rational response to discovering that the victim was LGBT. The defenses are rooted in irrational fears based on homophobia and transphobia, and send the message that violence against LGBT people is understandable and acceptable. When successful, these defenses have resulted in murder charges being reduced to manslaughter or another lesser offense. To date, only one state, California, has banned defendants from asserting gay or transgender panic defense by statute. In this brief, Williams Institute scholars present model language, based on the language adopted in California, that other states may use to eliminate use of the defenses through legislation. The model legislation offers language to prohibit defendants from using gay and trans panic defenses under each of the major defenses theories of provocation, insanity/diminished capacity, and self-defense. In addition, the brief provides an overview of the ways in which the defenses have been asserted in trials throughout the last several decades, and evaluates potential constitutional challenges to state legislation eliminating use of the defenses.
- By Andrew R. Flores, Jody L. Herman, Gary J. Gates, and Taylor N. T. BrownJune 2016Utilizing data from the 2014 Behavioral Risk Factor Surveillance System (BRFSS), which includes representative state-level surveys, Williams Institute scholars provide up-to-date estimates of the percentage and number of adults who identify as transgender in the United States. Approximately 0.6% of adults in the United States, or 1.4 million individuals, identify as transgender. The study also provides the first ever state-level estimates of the number and percentage of adults who identify as transgender for all 50 states and the District of Columbia. Differences exist in the percentage of adults who identify as transgender among the states, ranging from 0.3% in North Dakota to 0.8% in Hawaii. Differences by age also exist, with younger adults more likely to identify as transgender than older adults. An estimated 0.7% of adults ages 18 to 24, 0.6% of adults ages 25 to 64, and 0.5% of adults ages 65 and older identify as transgender.
Estimates of Transgender Populations in States with Legislation Impacting Transgender People (Update)By Jody L. Herman, Christy Mallory, and Bianca D.M. WilsonNearly 300,000 transgender youth and adults may be negatively impacted by legislation introduced in 15 states. These bills would limit access to single-sex restrooms and locker rooms at schools and in public places; limit protections based on gender identity; permit individuals and businesses to discriminate against transgender people based on religious and moral beliefs; and limit the ability to change certain vital records documents, such as birth certificates, or enforce the use of birth certificates to establish an individual's sex for certain purposes. The report includes a brief description of each bill, which age groups it would affect, and how many transgender people we estimate live in each state.
- By Christy Mallory, Brad SearsAugust 2015About 19,900 LGBT workers in South Dakota are not explicitly protected from discrimination under state or federal laws. Many corporate employers and public opinion in the state support protections for LGBT people in the workplace. If sexual orientation and gender identity were added to existing statewide non-discrimination laws, nine more complaints would be filed in South Dakota each year. The cost of enforcing those complaints would be negligible, and would not require additional court or administrative staff.
Demographics of Same-sex Couples in Arkansas, Missouri, Nebraska, North Dakota, and South Dakota: Analyses of the 2013 American Community SurveyBy Gary GatesMarch 2015Analyzing data from the 2013 US American Community Survey, this report considers the demographic, economic, and geographic characteristics of same-sex couples (married and unmarried), especially those raising children, in Arkansas, Missouri, Nebraska, North Dakota, and South Dakota. Comparisons are made with their different-sex counterparts.
- By Justin O'Neill, Christy Mallory, M.V. Lee BadgettOctober 2014Extending marriage to same-sex couples in South Dakota would generate an estimated $2.4 million in spending to the state economy. According to the 2010 U.S. Census, the most recent data available, 714 same-sex couples live in South Dakota. Of those couples, the Institute estimates that fifty percent (357 couples) would choose to marry in the first three years, a pattern that has been observed in Massachusetts and elsewhere. The marriages that would occur in the first year alone would bring about $1.5 million in revenue to the state of South Dakota that year.
- By Naomi G. Goldberg, M.V. Lee Badgett, Christopher RamosJanuary 2010This report explores the issue of employment discrimination against lesbian, gay, bisexual, and transgender (LGBT) citizens of South Dakota. We used the best available data from government sources and from recent research to examine the impact of employment discrimination on LGBT people and on South Dakota businesses.
- MemorandumSeptember 2009This report documents public sector employment discrimination based on sexual orientation and gender identity in South Dakota. The report is part of a 15 chapter study that documents a widespread and persistent pattern of unconstitutional discrimination by state governments against LGBT people.
- By Adam P. Romero, Clifford J. Rosky, M.V. Lee Badgett, Gary J. GatesJune 2008Demographic and economic information about same-sex couples and same-sex couples raising children based on data from Census 2000.