South Dakota may become the first state in the U.S.to approve a law requiring students to use bathrooms corresponding to their biological sex.
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The Argus Leader reports the bill is now in the hands of Gov. Dennis Daugaard, who on Wednesday said he would meet with transgender students before deciding whether or not to sign the bill into law.
Civil Rights advocates say South Dakota is becoming one of the worst states for transgender residents.
Several states have looked at addressing gender and public facilities in the past several years, but South Dakota would be the first state to put such a measure into law, said Joellen Kralik, a research analyst at the National Conference of State Legislatures.
The measure passed with a vote of 20-15.
The passage of the so-called “bathroom bill” was celebrated as a success by the state’s conservatives, but LGBT activists and other sympathetic human beings are less thrilled.
But some individual school districts have made the decision to allow transgender students to use the bathroom they feel most comfortable with.
In November, the Department of Education’s Office for Civil Rights investigated a school district in IL for denying a transgendered student access to the locker room and restrooms that she identified with. The state house has already passed another anti-trans bill that would prohibit high school students from playing on a school sports team consistent with their true gender.
The bill also requires schools to provide “reasonable” accommodations for transgender students.
Thoughts on the developments in South Dakota? GOP Senator David Omdahl gave voice to some parent concerns when he stated that it is simply not appropriate for a female student to be exposed to a male’s anatomy in the school restroom or locker room. If he vetoes it, but doesn’t want to take that step publicly, Daugaard could ask the legislature to go back and work on it, cites the Washington Blade.
The governor must either sign or veto the bill within five business days of transmittal, or else it becomes law without his signature in a procedure known as “pocket pass”. “It is inconceivable that Governor Daugaard would decide the fate of this bill while saying he’s never met a transgender person in his life”.
Federal officials have already said that barring students from restrooms that match their gender identity is prohibited under Title IX.
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But Democrats criticized the bill in floor speeches, arguing the measure presented a slippery slope to further discrimination and could prompt the federal government to withdraw funding for South Dakota’s public schools.
