[2] Following the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, a judiciary committee of the North Dakota Legislature began examining the possibility of removing the now-invalid statutory and constitutional restrictions on same-sex unions in the state.
"[4] On June 6, 2014, seven same-sex couples filed a federal lawsuit against North Dakota officials, seeking the right to marry and recognition of marriages performed in other jurisdictions.
The suit, Ramsay v. Dalrymple, was brought by Minneapolis civil rights attorney Joshua A. Newville, who filed a similar lawsuit on behalf of six same-sex couples in South Dakota on May 22, 2014.
[6] Lambda Legal filed a similar lawsuit, Jorgensen v. Montplaisir, on June 9, 2014 on behalf of two women, residents of Fargo, who had married in Minnesota.
Governor Dalrymple issued a one-sentence statement that acknowledged the decision and said the state would comply, "The U.S. Supreme Court has ruled that same-sex marriage is legal throughout the nation, and we will abide by this federal mandate.
"[10] Senator Heidi Heitkamp said, "Today is an historic day for equal rights, for justice, and for individuals and couples across the country who can no longer be treated differently because of who they love."
Kevin Cramer, U.S. Representative for North Dakota's at-large congressional district, said the ruling was "another example of activist judges overstepping their authority".
[12][13] It was likely to encounter significant civil opposition if passed, as the majority of North Dakota residents support the legal recognition of same-sex marriage according to polling.
[14] In August 2020, the Tribal Council of the Turtle Mountain Band of Chippewa Indians legalized same-sex marriage by a vote of 6–2, making it the first Native American tribe in North Dakota to do so.
The Law and Order Code of the Spirit Lake Tribe states that marriages consummated by tribal custom are valid, but requires that the parties declare in the presence of the officiant that they take each other as "husband and wife".
[18] While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.
Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.
They also commonly took in orphans from their tribe or children captured on raids,[19] were allowed to access ceremonial groups reserved to women, and were important for the preparation of the traditional Sun Dance.