South Dakota’s governor now says he’ll meet with transgender students before deciding whether to sign an anti-trans “bathroom bill” into law.
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According to the bill, transgender students who do not wish to use the bathroom or locker room corresponding to their biological sex must be given a “reasonable accommodation” such as a single-occupancy bathroom or nurse’s bathroom. The bill will prevent transgender students from using restrooms and other facilities consistent with their gender identity.
“House Bill 1008 is an attack on some of the most vulnerable members of our community, transgender young people”, said Kyle Palazzolo, Staff Attorney in the Midwest Regional Office of Lambda Legal.
“We’re seeing bills about bathrooms, and birth certificates, more bills trying to prevent transgender kids from participating in athletics and activities at the high school level”, says Skarin.
The state House has already passed a bill that restricts athletes’ participation in team sports based on chromosomal testing and their birth certificates.
“Knowledge is power, and we hope that by learning about their experiences, the daily challenges they face, and the damage this bill will inflict on their lives, Gov. Daugaard will show true leadership and reject this measure”, Griffin said. In Minnesota, there are state laws protecting individuals who are transgender.
“If I were a student in South Dakota right now, chances are I would not survive into adulthood”, Strangio, who identifies as transgender, wrote.
The legislation was spurred in part by the Obama administration, which has indicated that prohibiting students from accessing restrooms and locker rooms that match their gender identity (rather than their biological sex) violates the federal Title IX anti-discrimination law.
The state legislature is now awaiting the Republican governor’s signature to implement the country’s first restrictive bathroom bill after an unprecedented 20-15 approval on Tuesday.
The National Center for Transgender Equality’s (NCTE) Executive Director Mara Keisling said in a statement on Tuesday, “This bill hurts transgender students, takes away control from local schools, and doesn’t solve any problems”.
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Thomas Lewis, 18-year-old senior has even spoken to his state’s Legislature against the bill telling them that such a law “makes me feel like I’m not a human being”. “I can escape the oppression that my home state wants to put on me”. If South Dakota schools, and schools in other states, refuse to comply with the current interpretation of Title IX, they could lose taxpayer-funded federal education program dollars.
