Update: House lawmakers concurred in the amendments made by the Senate. House Bill 1259 now heads to Gov. Larry Rhoden's desk for his signature. Ask Gov. Rhoden to veto this bill.
Background: House Bill 1259 would prohibit transgender people from using the communal facilities that match their gender identity, like restrooms and changing facilities, at South Dakota public schools.
Our position: The ACLU of South Dakota opposes House Bill 1259. Policies that single out transgender youth like this violate federal and constitutional law.
House Bill 1259isn’t motivated by privacy concerns. It’s motivated by ignorance, misinformation and fear. It doesn’t infringe on anyone’s rights to share spaces with those who are different. Like previous efforts to expel people of color, people with disabilities, and others from communal spaces, these arguments for privacy just mask a fear of difference. Eroding the fundamental rights of transgender people is dangerous for every one of us. When the government has the power to deny legal rights to one group, all Americans’ rights are severely threatened.
