Our partnerships make our work possible. The first State LGBTQ+ Business Climate Index released in 2019 was funded by a grant from the Gill Foundation. The Index is based on data graciously shared by the Movement Advancement Project and the Williams Institute. Ropes & Gray is our pro bono legal partner for the CEO Business Briefs globally, and their research informs this Index. FCB partnered with us to conduct original market research into American attitudes toward LGBTQ+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments, particularly for the Future Risk score.

Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBTQ+ inclusion, which fielded in 2019 and 2020. These briefs as a whole will be updated on an ongoing basis by Out Leadership because we recognize the ever-changing nature of policy on the local, state, and national level.

Only 50.8% of LGBTQ+ workers in the Midwest are out at work. They are only slightly more comfortable being open with their managers than other regions (14% more likely), but they are the least likely to cover their identity at work (17% less likely than nationwide). This could be due to the Midwest having the lowest rates for observing microaggressions (23% less likely) and hearing or engaging in negative conversations on average. However, workers in this region do not typically go out of their way to do business with inclusive companies (21% less likely than the nation as a whole). This is primarily driven by those who live in more rural areas where respondents were 85% less likely to do business with companies that are inclusive.

Unless otherwise noted, all comparisons for more or less likely are compared to the National results. Regional results are based off of 1,500 respondents (LGBTQ+ and Non-LGBTQ+ responses have been weighted to be age-representative for each audience in each region). National results are based off of 600 respondents representative of each audience (LGBTQ+ vs Non-LGBTQ+).

States in the Midwest region included: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, North Dakota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin.

Legal Status of the Lesbian, Gay, and Bisexual Community

• There are no statewide nondiscrimination protections covering sexual orientation or gender identity.
• State employees are not protected from discrimination on the basis of sexual orientation or gender identity, but some counties and cities have passed local protections.
• South Dakota permits child placement agencies to deny service based on religious objections.
• However, the South Dakota Department of Social Services has a policy that its “staff, programs and policies must not discriminate against clients or applicants for services because of actual or perceived race, color, sex, age, sexual orientation, gender identity, disability, religion or national origin.”
• Intentional exposure to HIV is considered a class 3 felony, punishable by up to 15 years of imprisonment and an optional fine of $30,000. “Intentional exposure” covers anything from sexual contact to blood or organ donation to sharing needles. Actual transmission of HIV not required to trigger prosecution.
• There are no hate crimes protections on the basis of sexual orientation or gender identity.
• There is no ban on conversion therapy in South Dakota.
• As of March 2021, the state has a religious exemption law on the books.

Legal Status of the Transgender Community

• “South Dakota does not have a specific gender correction provision, but the general statute governing amendments to birth certificates is a S.D. Admin.” To apply for an amended birth certificate the applicant should submit an application for birth record, a copy of the applicant’s photo ID, a certified copy of a court order, and applicable fees to the Department of Health.
• Changing the gender markers on a driver’s license requires a court order, an updated birth certificate, or a signed affidavit from a physician stating the applicant’s gender has been medically altered.
• Trans healthcare coverage isn’t specifically banned under the state’s Medicaid program or in private insurance coverage, but it isn’t protected or mandated either.
• The South Dakota state health plan specifically excludes coverage for services or drugs related to gender confirmation.

Government Statements and Actions

• Gov. Kristi Noem is on a mission in 2021 to ban trans girls from girls’ sports teams. After a bill failed to pass the state legislature, she issued executive orders to the same effect and asked lawmakers to reconsider the issue in a special session (they said no). School system officials say the executive orders are unenforceable.
• As of January 2022, Gov. Kristi Noem introduced House Bill 1006 and Senate Bill 46 that would prevent transgender women and girls from participating in women’s and girls’ sports. In January 2022, SB 46 was passed. 
• In July 2019, the Oglala Sioux Tribe legalized same-sex marriage and in September 2019 it approved hate crime legislation aimed at fighting attacks against LGBTQ+ people. There are currently efforts to pass similar legislation across all 9 tribal reservations in the state.
• In 2017, the Governor of South Dakota signed into law a bill that allows adoption agencies to deny services and child placement based on religious objections and prohibits the state from taking adverse action against an agency that does so.
• Another group of anti-LGBTQ+ bills were introduced but again didn’t pass in 2020. These included bills that would punish doctors for treating minors with gender dysphoria and another that the ACLU described as “an omnibus anti-LGBTQ+ bill.”
• 0 counties of 66 have an ordinance prohibiting discrimination on the basis of gender identity and sexual orientation in private employment, housing, and public accomodations.