Update: House Bill 1005 was killed in the Senate Judiciary Committee on Feb. 8, 2022.
House Bill 1005 would stop transgender students from using multi-occupancy public school facilities that affirm their gender, including: shower rooms, bathrooms, changing rooms, and sleeping rooms for overnight trips.
The ACLU of South Dakota opposes this bill because it violates federal and constitutional law. This bill violates both Title IX and the equal protections clause of the fourteenth amendment of the US Constitution.
This is discrimination plain and simple.
The U.S. Department of Education’s Office for Civil Rights, as well as the U.S. Department of Justice, have said that Title IX requires all schools receiving federal funding to treat transgender students consistent with their gender identity in every aspect of the school, including when separating students in different facilities. Requiring transgender students to use the facilities that correspond with the sex they were assigned at birth, instead of the gender they live every day, or requiring them to use separate single-user facilities, is deeply stigmatizing and impairs their ability to participate fully at school and to enjoy a safe learning environment. Granting transgender students access to restrooms consistent with their gender identity will ensure that schools treat all students with the respect and dignity that they deserve.