Media Contact

Janna Farley, jfarley@aclu.org

March 3, 2021

Today, the Senate State Affairs Committee voted to kill legislation that would have banned transgender women and girls from competing on the sports teams that match their gender identity.

The ACLU of South Dakota opposed House Bill 1217, a legislative attack on transgender women and girls that would have violated 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.

“House Bill 1217 attempted to solve a problem that does not exist and would have slammed the door shut for transgender student athletes to fully participate in their school communities,” said Jett Jonelis, ACLU of South Dakota advocacy manager. “No one is harmed by allowing transgender people to compete consistent with who they are. We’re thrilled with the committee’s decision kill this bill, sending a clear message of inclusion and acceptance for our transgender friends and neighbors.”

South Dakota has not seen any issues with transgender women or girls competing in sports. The South Dakota High School Activities Association already has a policy in place for transgender athletes. Likewise, the NCAA also has clear policies on the inclusion of transgender student-athletes and their participation in intercollegiate athletics.

About the ACLU of South Dakota

The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people.  In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.

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