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Issues

Equality South Dakota Issues focus around the goals that were established at EqSD's conception meeting. These are:

Add sexual orientation & gender identity to existing nondiscrimination policies and laws.

In South Dakota, it is perfectly legal to fire or refuse to hire someone for being lesbian, gay, bisexual, or transgender.  As a result, thousands of LGBT South Dakotans worry every day about what would happen if they were "out" at work.

Unfortunately, many of them feel they have reason to worry.  According to a 2005 Lambda Legal survey, 39% of respondents reported being discriminated against on the job because of their sexual orientation and gender identity/expression.  In a time when many Americans think of discrimination as something that happened decades ago, it is still all too real for LGBT employees.

To help make things right, Equality South Dakota has launched the Workplace Fairness Project, the ultimate goal of which is to pass a state law that bans discrimination in employment, public accommodations, and housing.  Right now, we're laying the groundwork by working with cities, school boards, private employers, statewide organizations and associations, and tribal organizations all across the state to include sexual orientation and gender identity in their non-discrimination laws and policies. By building solid relationships at the local level, we'll be in a much better position to pass something at the state level in the future.

Smart employers -- like 491 of the Fortune 500 companies -- know that including sexual orientation and non-discrimination in their existing non-discrimination policy isn't just the right thing to do, but it makes good business sense.  By doing so, their LGBT employees will feel their job is more secure, and will ultimately be more loyal and productive.

In this economy, people already have enough reason to worry, without having to live in fear of discrimination because they are lesbian, gay, bisexual, or transgender.

add sexual orientation & Gender identity to existing hate crimes laws

South Dakota has had a hate crimes law on the books for 15 years, but it has never included LGBT people.  As anti-LGBT bias is the third biggest reason hate crimes happen, this is a significant oversight.  Click below for more information:

Anti-gay violence is a problem, across the country and in South Dakota: According to the FBI, anti-gay violence remains the third most common type of hate crime, behind racially and religiously motivated violence.  In 2007, the FBI tracked almost 1500 incidents of anti-LGBT violence across the country. ¹

We know that these figures are under-reported because victims are often afraid to report their attack. However, the FBI report does state that an anti-gay hate crime occurred in South Dakota in 2007. ²

Hate crimes laws already exist in South Dakota: In 1993, South Dakota adopted a hate crimes statute (SDCL 22-19B-1) that says people cannot be attacked or threatened on the basis of race, ethnicity, religion, ancestry, or national origin.  We know that people don’t always agree on whether or not hate crimes laws should exist—but that’s not the question before South Dakotans, since we already have a law.  Since we already have hate crimes laws, it is absolutely crucial to include sexual orientation and gender identity.

Including LGBT people in existing laws is important: According to the FBI, LGBT people are the third highest targets of violence, following race and religion.  By including only some at-risk groups in existing hate crimes laws, but not including sexual orientation or gender identity, the government is sending a dangerous message that violence against LGBT people is okay. 

Including gender identity is especially important: We know that those who are most vulnerable to violence are those who may not “look normal”—those who don’t conform to traditional gender norms.  By including gender identity in any hate crimes statute, we can protect everyone in the LGBT community, whether people identify as transgender or not.

Inclusive laws have been passed in many other states: In 10 states (California, Colorado, Connecticut, Hawaii, Maryland, Minnesota, Missouri, New Mexico, Pennsylvania, and Vermont) and the District of Columbia, hate crimes laws cover crimes based on sexual orientation and gender identity. 

In 21 states (Arizona, Delaware, Florida, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Texas, Washington, and Wisconsin), hate crimes laws address crimes based on sexual orientation.

South Dakota is now in the minority, as it is one of just 12 states that has a hate crimes law that does NOT currently protect people based on sexual orientation or gender identity.

There is significant public support for LGBT inclusion in hate crimes bills: A November 2008 poll found that 60% of adults in the U.S. support expanding current hate crimes laws to include protections for LGBT people. ³

1. 2007 FBI report on national hate crimes: http://www.fbi.gov/ucr/hc2007/table_04.htm

2. 2007 FBI report on South Dakota hate crimes:http://www.fbi.gov/ucr/hc2007/table_13sd.htm

3. November 2008 poll data: http://www.glaad.org/media/release_detail.php?id=4842

Elect LGBT or LGBT-supportive candidates to public office.

The Equality South Dakota Political Action Committee will be recruiting candidates who are good on LGBT issues and who will be good leaders for South Dakota. EqSD PAC will be holding candidate training seminars to train these candidates and their staff and volunteers.

EqSD PAC is in the process of fund-raising and will distribute the funds to a number of targeted, LGBT-friendly legislative and local candidates.

Move a majority of faith based institutions to become "open and affirming" of LGBT people.

The first step in this process is to build communication channels and community within the State. Two main efforts are underway:

1. Building of an initial network of people of faith around the state that are willing to speak and work for acceptance and inclusion of LGBT persons in the life of their congregations. The Equality South Dakota website allows members to record their religious affiliations. All are encouraged to setup an account and indicate this information in their profile.
2. Web sites for various LGBT supportive faith-based organizations have been researched and added to the EqSD website. EqSD is seeking out local contacts for these organizations (including Integrity, Dignity, Lutherans Concerned etc.) so they can be included in our network.