South Dakota first State to pass a “Bathroom Bill”

Mount Rushmore
Mount Rushmore, a South Dakota landmark.

Dianne Skoll
LGBT Perspectives

Legislators in South Dakota have passed HB 1008 which prevents transgender students from using washrooms and locker rooms corresponding to the gender they identify as.  The bill has yet to be signed into law by the governor, but it passed the house by a vote of 58 to 10 and the senate by a vote of 20 to 15.

Right away, the bill runs into trouble by defining the term “biological sex” to mean “the physical condition of being male or female as determined by a person’s chromosomes and anatomy as identified at birth.”

Well, guess what?  Some people have ambiguous anatomy at birth; estimates are that anywhere from 1 in 1500 to 1 in 2000 births are of intersex people whose sex is difficult to identify.

Additionally, some people have ambiguous chromosomes (XXY or even XXXY)  or even 46, XX/XY with both male and female chromosome pairs.

So already the law is unscientific and in denial of reality, like the Indiana Pi Bill.

Section 3 of the bill appears to be designed to look conciliatory.  It says that a transgender person may request accommodation from the school, but the bill specifically prohibits that accommodation from being allowing the student to use the facilities corresponding to his or her gender identity!  So instead, transgender people are forced to reveal private medical information and self-stigmatize.

In a way, it might be a good thing if this bill is signed into law.  It will force things to a head and (I hope) will prompt lawsuits and federal intervention, which should make other states contemplating such vile legislation think twice.

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One thought on “South Dakota first State to pass a “Bathroom Bill””

  1. What else could you expect from a Republican state that it’s Brains and Hearts are as Stone Cold and Hard as a Rock carved into Presidents Heads. YES lets see if they vote it in the Upcoming court cases and school monies lost and the state has to make it up how the constituents are going to look at it then, as they are going to have to PAY as Taxpayers. So much for uncaring, Ignorant of present science, and Plain disrespectful Senators and Politicians of So. Dakota.

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