Today, House lawmakers voted to pass Senate Bill 46, legislation that prohibits transgender women and girls from playing sports on teams that match their gender identity. The bill now moves to Gov. Kristi Noem’s desk for her signature.
House lawmakers also voted to advance House Bill 1005, legislation that would prohibit transgender students from using communal facilities – school bathrooms, locker rooms or sleeping rooms on overnight trips – that match their gender identity.
By singling out transgender youth like this, each bill violates federal and constitutional law, the ACLU of South Dakota said.
“The votes today by House lawmakers are shameful,” said Jett Jonelis, ACLU of South Dakota advocacy manager. “Senate Bill 46 and House Bill 1005 reinforce the incorrect notion that transgender students are not entitled to the same dignity and respect as all students.”
On Senate Bill 46:
“Senate Bill 46 not only discriminates against trans women and girls in ways that compromise their health, social and emotional development, and safety, but also it violates federal constitutional guarantees of equal protection,” Jonelis said. “It perpetuates harmful myths about transgender people and reduces trans students to political pawns. Our lawmakers should be focused on protecting South Dakota’s youth by creating safe and welcoming environments rather than launching baseless attacks to score political points.”
On House Bill 1005:
“Transgender people, whether people know it or not, are already using the bathrooms and communal facilities they have a right to – and doing so without incident,” Jonelis said. “If House Bill 1005 is enacted, transgender people will have to make the impossible decision of breaking the law or revealing their private medical information – not to mention the obvious risk of harassment and violence that comes with forcing transgender people into the facilitates that do not match their gender identity. It is quite clear whose privacy and very lives are really at risk if our legislators continue to succumb to anti-trans fear and hatred and give it state sanction like this.”
About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.
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