Today, House lawmakers voted to advance legislation that would prohibit doctors from providing life-saving gender-affirming medical care to transgender South Dakotans.
The ACLU of South Dakota opposes House Bill 1080. Medical decisions belong to trans youth, their parents and their doctors – not the government – and it is unconstitutional to single out one group of people and categorically ban all care.
“House Bill 1080 flies in the face of common decency, basic human rights and the advice of every major medical association – not to mention federal law,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “This bill not only represents vast government overreach that undermines the fundamental rights of parents, but also it’s dangerous. Transgender youth and their families should not be used as target practice to advance political careers. These families are our friends and neighbors, and they deserve better than this.”
By specifically singling out medical care related to gender transition, House Bill 1080 violates the U.S. Constitution in three separate and concurrent ways:
- Discrimination against individuals based on sex
- Discrimination against individuals based on transgender status
- Violation of parent’s rights under the Due Process Clause
Doctors and medical organizations have been providing gender-affirming care to transgender youth for decades, and it is supported by every major medical association, including the American Academy of Pediatrics and the American Medical Association. However, it has increasingly become a target of attacks from state lawmakers across the country. Federal courts have blocked the enforcement of legislative bans on gender-affirming care for transgender youth in Arkansas and Alabama and no court in the country has ever classified gender-affirming care as child abuse.
“Discrimination against a marginalized group is a distraction from the state’s real needs and hurts us all,” Chapman said. “Transgender people live in our state and need to feel like the government represents them, too. The more we legislate solutions in search of problems, the more our communities suffer.”
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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