It’ll be déjà vu all over again in the House State Affairs Committee tomorrow afternoon as lawmakers are scheduled to debate two discriminatory anti-transgender bills similar to legislation proposed and defeated in previous sessions.
The ACLU of South Dakota opposes House Bill 1259 and House Bill 1260.
House Bill 1259 would prohibit trans students from using the communal facilities that match their gender identity, like restrooms and changing facilities, at South Dakota public schools.
South Dakota lawmakers attempted to pass similar legislation in 2016 with House Bill 1008, which Gov. Dennis Daugaard vetoed, in 2017 Senate Bill 115, which was withdrawn at its first hearing, and in 2022 with House Bill 1005, which was killed in the Senate Judiciary Committee.
“House Bill 1259 isn’t motivated by privacy concerns. It’s motivated by ignorance, misinformation and fear,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “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.
House Bill 1260 would ban transgender people from obtaining birth certificates and driver’s licenses that accurately reflect their identity. Similar legislation was proposed in 2021 with House Bill 1076, which was killed by the Senate Health and Human Services Committee.
“Forcing transgender South Dakotans to go through life with inaccurate birth certificates or official government documents unnecessarily exposes them to discrimination, harassment, and violence and would mean trans people would be forced to disclose their trans identity when accessing essential needs,” Chapman said. “This violates the rights of trans people to privacy, freedom of speech, and equal protection under the Constitution.”
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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