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North Dakota

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Established constitutional amendment denying same sex marriage equality

Current State of Law Advocacy for North Dakota Gay Marriage Rights

In November of 2004, North Dakota voters chose to enact a constitutional amendment that defined marriage exclusively as a union between one man and one woman. This amendment prohibited the recognition of homosexual domestic partnerships, as well as denying North Dakota citizens the benefit of civil union status.

While state and national advocacy groups continue to work to attain equality for same sex partners and their families, current data shows that fewer than half of the state’s residents support full marriage equality. However, that percentage seems to have changed dramatically over the last eight years. In 2004 polling data showed that 23% of the statewide voter population expressed support for same sex weddings, while 40% expressed approval in 2012 (Williams Institute), indicating a shrinking, but still considerable, opposition to marriage for all.

History of North Dakota Marriage Rights Legislation

In 2004, anti-homosexual groups pressed and passed a constitutional amendment, known as Constitutional Measure 1, which excludes same sex couples from marrying and enjoying the same rights as opposite sex couples. Meanwhile, many civil rights groups continue to press for equal recognition, including North Dakota gay marriage rights.

Statewide groups, such as Equality North Dakota, are currently joined by national advocacy groups such as Freedom to Marry and the American Civil Liberties Union. Like similar organizations in other states, Equality North Dakota seeks to unite gay, lesbian, bisexual, and transgender individuals (LGBT) in the effort to win marriage rights for citizens with different sexual orientations.

Summary of North Dakota’s Equality Evolution

As of recent polling, North Dakota’s voting population nearly doubled its support for equal marriage rights between 2004 and 2012. Additionally, on June 17, 2013, the City Council of Grand Forks passed an important measure protecting city employees and job applicants from discrimination based on sexual orientation or gender identity.

According to the 2010 U.S. Census report, the Williams Institute found that North Dakota is home to 559 same sex couples, or about 2.0 couples for every 1,000 households in the state.