House Bill 1076, legislation that would ban transgender people from obtaining birth certificates that accurately reflect their identity, will be heard on the House floor for a full chamber vote as early as tomorrow. The bill initially died in its first hearing but was revived through a legislative procedure known as a “smoke out.”
The ACLU of South Dakota opposes House Bill 1076. Forcing transgender South Dakotans to go through life with inaccurate birth certificates – a basic form of identification and essential government document – unnecessarily exposes them to discrimination, harassment and violence and would mean trans people would be forced to disclose their trans identity when accessing essential needs. This violates the rights of trans people to privacy, freedom of speech and equal protection under the Constitution.
“Accurate birth certificates are essential. If this bill becomes law, South Dakota would be depriving transgender people who were born in South Dakota a birth certificate that accurately reflects who they are,” said Heather Smith, executive director of the ACLU of South Dakota. “South Dakota needs to comply with the Constitution’s promise that all people have a right to equal protection of the laws and to live freely and openly in society as who they are. We want South Dakotans to know that we are investigating all of our legal options. If this bill becomes law, it will be challenged. We will see you in court.”
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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