South Dakota Gov. Kristi Noem today joined a group of nine other governors in filing an amicus brief to the United States Supreme Court in U.S. v. Skrmetti and is erroneously claiming that the federal government is “forcing states to perform harmful, irreversible, and unscientific medical procedures on children.”
In U.S. v. Skrmetti, three Tennessee transgender youth and their families are challenging a state law that prohibits medical providers from prescribing medical treatments to transgender youth, such as puberty blockers and hormone replacement therapies, that are allowed for minors who are not transgender. Represented by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal and Akin Gump Strauss Hauer & Feld LLP, the families argue that the ban violates their Equal Protection rights under the 14th Amendment.
The following statement can be attributed to Samantha Chapman, ACLU of South Dakota advocacy manager:
“Gov. Noem's quote is misleading — no one is forcing the state to provide hormone therapy to children. Rather, the state is forcing medical providers to ignore standards of care and their medical judgement for treating gender dysphoria in youth patients. The law robs trans youth from medically appropriate and necessary care and strips parents of their parental rights to seek hormone therapy for their children in South Dakota. There are many victims here, but the state government of South Dakota is not one. There are many victims here, but the state government of South Dakota is not one. Trans youth and their families deserve to live in a state that promises them a bright future, not one with a governor who punches down on the constituents she disfavors.
“Medical and mental health treatment for transgender adolescents is guided by evidence-based clinical guidelines and based on the individual needs of each patient. Blanket bans on treatment – like House Bill 1080, which South Dakota legislators passed and Gov. Noem signed into law in 2023 – disrupt medically necessary care and result in negative health outcomes including anxiety, depression and suicidality. We are confident the political arguments put forward in defense of these bans will not survive a Supreme Court hearing and that both the Constitution and the facts support our arguments.”
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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