UPDATE: This bill was voted on in the Senate State Affairs committee, and with a 7-2 vote it was voted to be deferred to the 41st Legislative Day, killing the bill. 


House Bill 1108 aims to prohibit the instruction of gender identity in schools for grades kindergarten through grade seven. 

ACLU position: 

The ACLU of South Dakota opposes House Bill 1108. This bill would prohibit gender identity or gender expression instruction to any student in kindergarten through seventh grade in South Dakota’s public schools.

This bill, like others that have been debated by the South Dakota Legislature, is plainly intended to target transgender and gender non-conforming students. House Bill 1108 comes on the heels of Senate Bill 49, a bill that was deferred to the 41st day but would have declared void the procedure adopted by the South Dakota High School Activities Association to ensure that transgender student athletes can participate in high school sports to the gender listed on a person’s birth certificate.


Representatives Pischke, Frye-Mueller, Gosch, Greenfield (Lana), Livermont, Marty, and Randolph and Senators Jensen (Phil), Blare, and DiSanto


Sent to 41st Day/Did Not Pass



Bill number



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