Background: House Bill 1177 would require teachers or school district staff to receive permission from a student's parent or guardian before addressing the student using a name or pronoun that is different from their legal name or pronoun that is inconsistent with their sex assigned at birth.
Our position: The ACLU of South Dakota opposes House Bill 1177.
Many schools across the country recognize that a supportive learning environment requires treating students with dignity and respect, including – at a minimum – calling them by the name and pronouns they want to use. It is important to remember that everyone is impacted by gender and everyone has a desire to be referred to respectfully.
This forced outing requires disclosure of a student’s gender identity to the student’s parents or guardians regardless of whether a school official knows that the report will expose the student to potential family rejection, being kicked out, or physical abuse.
All people are affected by gender and have identities that need to be affirmed and respected, but many cisgender people do not need to worry about having our gender identities recognized. They have the privilege of not having to think much about gender or about people respecting their names and pronouns.
That isn’t the case for many gender nonconforming and transgender folks. Many transgender people fight on a daily basis to have their names and pronouns respected, which is no small or trivial feat. Names and pronouns shape how we are viewed in the world and are important pieces of our identities. For trans youth, especially those who cannot be safe at home, school may be one of the few places to be themselves. Trans youth thrive when they are affirmed in their gender identity, which includes being called by a name and pronouns that reflect who they are.
