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When it comes to discriminating against trans kids in South Dakota, we’ve been here before.
Year after year, it’s the same story: Issues that matter most to South Dakotans get ignored as some lawmakers continue to attack the LGBTQ+ and Two Spirit community. Since 2014 there’s been more than 30 – that’s right, more than 30 – discriminatory bills introduced in the South Dakota Legislature, disrespecting, dehumanizing, and violating the civil rights and liberties of our transgender friends and neighbors.
So, we aren’t surprised that these same lawmakers are AGAIN trying to limit the way trans youth can participate in society. Everything from using the restroom to competing in sports is on the line this year.
This year, Gov. Kristi Noem is in on it, too. Senate Bill 46, the anti-trans sports bill introduced on her behalf, was passed out of committee last week. Senators will vote on it as early as this week. And another anti-trans sports bill – House Bill 1006 – is on the horizon.
Like Noem, those trying to ban trans students from playing on the sports teams that affirm their gender identity often center the debate on the idea that somehow trans girls have an inherent advantage. That somehow depriving trans girls of access to the same activities and opportunities that are available to their cisgender peers will make women’s sports more fair. But we know that this bill wouldn’t level the playing field – it would only put hurdles in front of some students simply because they are different.
If these lawmakers truly wanted to protect fairness in women’s sports, they would tackle the actual threats to women’s sports such as severe underfunding, lack of media coverage, pay equity for coaches, and sexist ideologies that suggest that women and girls are weak and can’t compete. The very same sexist ideologies that they rely on to argue in favor of these bills.
Excluding trans youth from participating violates both the United States Constitution and Title IX of the Civil Rights Act, which protects all students – including those who are transgender – from discrimination based on sex.
Violating the Constitution? Now that is unfair!
But let’s get real – bills like this aren't motivated by fairness concerns. They’re motivated by ignorance, misinformation, and fear.
The truth is that athletic success is based on many factors that vary sport to sport. Just as there is no one way to be trans, there is no one trans body. Trans athletes, like all other athletes, do not have just one body type; there is absolutely no merit to the claim that women and girls who are transgender automatically have advantages in sports.
These false stereotypes shouldn’t get to put transgender kids in a box that dictates what goals they can pursue, how they can express themselves, and what kind of life they get to lead. People of all genders, all races, all income levels, all backgrounds – everyone – wants to be free from these types of boxes and deserves to live a life where they can fully express themselves, pursue their dreams, and connect authentically with others.
And bill after bill like this seems fixated on the incorrect notion that some of our friends and neighbors are not entitled to the same dignity and respect as others – just like House Bill 1005. Once again, our state lawmakers are trying to push legislation attempting to shut trans people out of spaces like school restrooms and locker rooms.
It doesn’t infringe on anyone else’s rights to share spaces with those who are different. Like previous efforts to expel people of color, people with disabilities, and others from communal spaces, these arguments for privacy just mask a fear of difference. And as courts have repeatedly recognized, those who are uncomfortable with sharing such spaces can seek out private spaces for themselves rather than force transgender people to be forever stigmatized and isolated.
Hundreds of school districts around the country allow transgender students to use facilities based on their gender identity. Inclusive policies enhance student safety by ensuring that schools are not sending the message that it’s ok to target or stigmatize transgender students, and promoting that all students must be treated with the dignity and respect that they deserve.
Trans students’ humanity, dignity, and ability to be full members of their school communities should never be up for debate like this. Denying trans people the right to participate in everyday society is discrimination and it doesn’t just hurt trans people, it hurts all of us.
The fight for trans rights is not about “special rights” – it’s about fundamental rights. It’s about fairness and equality for all.
Eroding the fundamental rights of transgender people is dangerous for every one of us. When the government has the power to deny legal rights to one group, all Americans’ rights are severely threatened.
The ACLU of South Dakota will never stop fighting for transgender rights. But we need your help to keep showing broad support for trans rights and demonstrate our fierce opposition to discrimination like this.
Right now, we need to send a message loud and clear to our lawmakers that it’s time to respect trans rights. It’s time to respect trans youth.
It’s time to stop attacking transgender people in South Dakota and to focus on issues that really matter in our state.
Enough is enough. Ask your legislators today to vote no on all bills that disrespect and discriminate against trans kids. By joining together, we can make this a place where we are all free to thrive and support each other for who we are. We must make them understand what we already know – that across our races, backgrounds and genders, we all deserve to be treated with dignity and respect, we all need the freedom to live our lives authentically, and we all deserve to feel like we belong in South Dakota. Trans people belong in South Dakota.
