The ACLU of South Dakota supports Senate Bill 216, legislation that would give parents the authority to make medical decisions on behalf of their children with gender dysphoria.
The bill, which was introduced yesterday by Sen. Reynold Nesiba, would amend the South Dakota law that prohibits doctors from providing life-saving gender-affirming care to transgender youth in South Dakota. The bill would alllow doctors to provide puberty blockers or hormonal treatment - nonsurgical medical care consistent with prevailing medical and scientific standards - to trans kids only with parental consent.
South Dakota's law banning gender-affirming care represents vast government overreach that undermines the fundamental rights of parents. Additionally, singling out gender-affirming care for categorical prohibition violates thee constitutional guarantees of equal protection and due process. Senate Bill 216 is the opportunity for lawmakers to right these wrongs.
“South Dakota’s law banning gender-affirming care hasn’t stopped South Dakotans from being trans, but it does deny the critical support that helps struggling transgender youth grow up to become thriving adults,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “We don’t need a law that substitutes the state’s judgment for that of loving parents who are following the guidance of their children and the advice of their doctors. Senate Bill 216 puts parental rights first.”
The link between gender-affirming care and improved mental well-being among teens is well documented. A peer-reviewed study in the Journal of Adolescent Health found that gender-affirming care is associated with significantly reduced rates of depression, suicidal thoughts and suicide attempts among transgender and nonbinary youth.
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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