Many schools across the country recognize that a supportive learning environment requires treating students with dignity and respect, including – at a minimum – calling students by the name and using the pronouns they want to use. Names and pronouns, after all, shape how we are viewed in the world and are important pieces of our identities. Using someone’s preferred pronouns or name is simply a matter of respect.
Will a 9-5 vote, the House Education Committee killed House Bill 1177, legislation that would have prohibited schools from taking disciplinary action against a staff member or student for refusing to use another student’s preferred name or pronouns. The ACLU of South Dakota opposed House Bill 1177. The bill was hoghoused after the original sponsor removed himself from the bill.
“Making an honest mistake with someone’s name or pronouns will always happen, and getting accustomed to using someone’s chosen name or pronouns is harder for some than it is for others,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “But instances of misgendering or calling someone by the wrong name cannot be immune from school discipline when they cause a substantial and material disruption or create a hostile educational environment. The intent, impact and context of the situation needs to be considered. Public schools must retain the local control and ability to punish speech that crosses the line into bullying and harassment or that causes a substantial disruption to the school setting. The House Education Committee rightfully killed House Bill 1177.”
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 their gender identities recognized. 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.
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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