On Tuesday, the South Dakota Senate passed House Bill 1008, a measure that would prevent schools from implementing transgender-inclusive policies. The House passed the bill last week and it now heads to Gov. Dennis Daugaard for his signature.

The bill is the first of its kind in the nation to pass a state legislature. It bars transgender students from using the school facilities that match their gender. It states that school facilities such as restrooms and locker rooms “shall be designated for and used only by students of the same biological sex” which will be “determined by a person’s chromosomes.” The bill is in reaction to a decision by the South Dakota High School Activities Association to allow for inclusion of transgender and gender creative students in school sports.

Civil rights groups reacted strongly to the passage of the bill. The South Dakota Center for Equality urged Gov. Daugaard to meet with transgender South Dakotans before signing the bill. In a letter to the governor, the Center wrote:

In light of recent events, The Center for Equality would like to invite you to visit with us in Pierre to learn more about the transgender community and to meet a few transgender South Dakotans.
During the legislative session, several bills have been introduced that have a direct impact on the lives of transgender individuals. If enacted, South Dakota would become the first state to require separate bathroom, lock room and shower facility accommodations for transgender students in public school.
Transgender individuals have been part of society and communities across South Dakota our whole lives. They go to school with us, work with us, and even stand in line at the grocery store, like the rest of us. They seek to live their lives free of scrutiny or being stigmatized, especially by our legislature. As a result of these bills, transgender individuals are scared, not only for their own safety and protection, but scared of our own legislature.
During a press conference on Thursday, you shared that you have not met a transgender person that you are aware of. There have likely been several times where you have met a transgender person and didn’t know it. There is too much at stake to not have an understanding of what it means to be transgender and how these bills will affect their daily lives.

The ACLU of South Dakota criticized the passage of the bill:

“Today South Dakota Senators voted to pass a bill that targets vulnerable transgender students for discrimination,” said Heather Smith, Executive Director, ACLU of South Dakota. Lawmakers heard from South Dakota parents, teachers, students, school counselors, clergy, and mental health professionals who wrote emails, and traveled to Pierre from all corners of the state to testify and demonstrate the ways in which this bill does real harm to transgender students. The only people to testify in support of this harmful, discriminatory bill were lobbyists—not one South Dakota citizen testified to the necessity of this bill. And that’s because it’s not necessary and we don’t need discrimination codified. It begs the question; do our state politicians truly represent the people of South Dakota, or do they represent outsider lobbyists and interest groups? Governor Daugaard should listen to his actual constituents and veto this bill and send a strong message that discrimination isn’t a South Dakota value and there’s simply no place for it in our schools, community, and state.”

National LGBT groups also responded to the passage of the bill. Lambda Legal wrote:

“House Bill 1008 is an attack on some of the most vulnerable members of our community, transgender young people,” said Kyle Palazzolo, Staff Attorney in the Midwest Regional Office of Lambda Legal. “An attack like this is unprecedented and extreme. South Dakota would be the first state that goes to such lengths to target and harm transgender youth. Shame on the members of the South Dakota Legislature who voted in favor of this bill for ignoring the fundamental obligation that schools have to create a safe learning environment for ALL students. This bill sends a dangerous message and may limit the potential educational outcomes for already vulnerable transgender students. We strongly urge Governor Daugaard to veto this bill upon arrival.”

The National Center for Transgender Equality executive director Mara Keisling said:

“This bill hurts transgender students, takes away control from local schools, and doesn’t solve any problems. In fact, it does more harm than good to both trans kids and South Dakota’s reputation.”

The Transgender Law Center:

“It is distressing and disturbing that South Dakota legislators would jeopardize the state school systems’ funding and the lives of South Dakota youth in an effort to single out transgender students for discrimination, harassment, and exclusion. Every single child, including transgender youth, should have the opportunity to succeed and be treated fairly by our schools and elected officials. Using state law to force a student to use a separate bathroom from their peers just because they are transgender is not only dangerous and wrong, it is a violation of federal law. If signed by the governor, this bill would endanger students and open up South Dakota schools to legal chaos, liability, and the loss of millions in federal funds. Transgender Law Center urges Governor Daugaard to veto this bill and stop South Dakota from becoming the first state in the country to fly in the face of federal law by mandating discrimination against transgender young people.”

The Human Rights Campaign:

“The Republican leadership of South Dakota’s legislature has disgracefully failed to fulfill its most fundamental obligation – to protect the state’s young people from harm,” said HRC President Chad Griffin. “It is inconceivable that Governor Daugaard would decide the fate of this bill while saying he’s never met a transgender person in his life. We urge him in the strongest possible terms to veto this legislation, and to engage in thoughtful dialogue with his transgender constituents, especially South Dakota’s transgender children. Knowledge is power, and we hope that by learning about their experiences, the daily challenges they face, and the damage this bill will inflict on their lives, that he will show true leadership and reject this measure. History has never looked kindly upon those who attack the basic civil rights of their fellow Americans, and history will not treat kindly those who support this discriminatory measure.”

Freedom for All Americans:

“Discrimination has no place in South Dakota schools,” Matt McTighe, executive director of Freedom for All Americans, said. “This bill is not only discriminatory, but it is a gross invasion of privacy. For the first time in our nation’s history, a state will now require students to provide documentation before being allowed to use the restroom. This is wrong.”

“This bill is a solution in search of a problem. South Dakota needs leadership from Gov. Dennis Daugaard,” McTighe added. “If Gov. Daugaard signs House Bill 1008 into law, families across the nation will know that South Dakota is not open and welcoming place to be. We call on Gov. Daugaard to veto House Bill 1008.”