In South Dakota, a new law is set to take effect on July 1 that will limit the ability of transgender individuals to use certain public facilities, such as bathrooms and changing rooms, in schools and state-controlled buildings. Governor Larry Rhoden, a Republican, recently approved this measure, known as HB 1259. This law specifies that transgender individuals must use communal facilities that correspond to their biological sex rather than their gender identity. Additionally, the legislation provides a pathway for individuals to take legal action against schools or state entities if they feel that their concerns about transgender access to these facilities were not adequately addressed.
Governor Rhoden expressed his belief that this law aligns with the common-sense values held by many in South Dakota. He framed the legislation as a safeguard against what he described as the “woke” agenda, which he claims has gained too much traction in other parts of the country.
This is a significant development, as it marks the first time South Dakota has enacted a law specifically restricting transgender access to bathrooms. A similar bill was attempted in 2016 but was ultimately vetoed by then-Governor Dennis Daugaard. The current legislative climate has shifted in favor of conservative viewpoints, leading to this new law’s passage.
In response to the signing of the bill, Samantha Chapman, an advocacy manager for the ACLU of South Dakota, voiced strong opposition, describing the law as deeply troubling and disappointing.
With this new law, South Dakota becomes at least the thirteenth state to adopt measures that prevent transgender girls and women from accessing women’s restrooms in public schools and some government facilities. Other states, including Tennessee and Montana, are also considering or have recently passed similar legislation.
While many of these laws are facing legal challenges in courts, definitive outcomes have yet to be determined. A recent ruling by a federal appeals court allowed Idaho’s bathroom ban to be enforced during ongoing legal proceedings, which may indicate a shift in judicial attitudes surrounding such regulations.
The discussions surrounding transgender rights continue to be a divisive topic across the nation, with both state and federal governments taking various approaches to the issue.
