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United States - North Dakota

North Dakota has several negative laws towards trans people. Among these is a legal definition of sex that may be used to restrict the rights of trans people visiting North Dakota.

Government employees are entitled to misgender trans people under the law.

North Dakota does criminalizes trans care for children which may have an impact on child custody.

Non-discrimination Law

  • North Dakota non-discrimination law does not include LGBT people.
  • North Dakota's definition of sex law (HB1474) makes it unlikely that non-discrimination laws specifying "sex" would be interpreted in a trans-inclusive way. Note that this also places gender non-conforming cis women at risk of invasive questioning and state action.

Public Accommodations

  • Trans people are required to use bathrooms/showers associated with their sex assigned at birth when visiting public educational dormitories.
  • Trans students are required to use bathrooms/showers associated with their sex assigned at birth when using school bathrooms.
  • Use of single-occupancy bathrooms by trans students (as an exception) in schools requires parental permission in writing.
  • Trans people are required to use bathrooms associated with their sex assigned at birth when visiting jails, prisons, youth correctional centers, etc.
  • Government employees (including school) cannot be be disciplined for misgendering others.
  • Students in schools cannot be disciplined for misgendering others.

Drag / Performance / Cross-dressing Laws

  • Exposure of prosthetic genitals, breasts, or buttocks, partial or completely, during "performance" (does not need to be paid) is illegal. I.E. seeing the top part (above nipples) of prosthetic breasts may be criminal. These do not need to be attached to a human to be illegal (I.E. Truck Nutz may be illegal now). This applies in public and in any space where minors may be.

Air Travel

See the USA TSA document.

Jails / Prisons

  • Bathrooms and showers are required to be legally segregated by sex assigned at birth in state jails and prisons
  • Trans women would typically be housed with men
  • Trans men would typically be housed with women
  • Nonbinary people would typically be housed according to sex assigned at birth

Legal Definition of Sex

Non-binary people are not recognized.

Intersex people have some limited recognition.

North Dakota specifies male, female, and similar words based on sex assigned at birth and/or chromosomes.

Note that this also places gender non-conforming cis women at risk of invasive questioning and state action.

North Dakota prohibits trans people changing birth certificates.

Medical Care

  • Trans medical care is legal for adults
  • Trans medical care (other than therapy) is not legal for people under 18, with some exceptions for people currently receiving care prior to the enactment of HB 1254 (2023) -- but only for those procedures they were receiving prior to enactment.
  • It is a criminal act in North Dakota to supply HRT or puberty blocking medication to most trans minors, which may have implications for people traveling with trans children on puberty blockers or HRT.
  • The trans youth medical care ban is being challenged in court

Child Custody / Abuse

  • Transition care is not specifically defined as child abuse, however puberty blockers, hormones, and surgery is considered illegal.
  • There is no sanctuary law preventing cooperation with other jurisdictions

Relationship Recognition

  • Same-sex marriage (and thus all trans marriage) is recognized

Relevant Laws

General Safety

While the laws in ND impact trans people negatively, there is some signs of resistance. For instance the Fargo School Board has indicated they will ignore a law that requires outing students to their (potentially non-supportive) parents.

Anti-LGBT opposition has occurred around LGBT events. For instance, an anti-trans hate group is opposing a Fargo salon doing a trans inclusive beauty workshop.

Because of the rhetoric around trans people in the political and media space, trans people should use caution, particularly in bathrooms, locker rooms, showers, etc. Random and targeted attacks may occur, and trans people who report these attacks can expect to be misgendered by officials and public institutions.

Resources