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South Dakota Legislature passes transgender ‘bathroom bill’

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South Dakota Legislature passed HB 1008 last week, which requires transgendered students to use bathrooms, locker rooms and showers corresponding to their genital and chromosomal sex at birth. The bill specifies that schools may make other accommodations for transgender students, such as granting them access to single-occupancy or staff bathrooms. 

The bill now goes to Gov. Dennis Daugaard, where it is uncertain if it will pass or be vetoed.

Recent changes in the interpretation of Title IX federal anti-discrimination laws require schools to allow students access to bathrooms that correspond with their gender identity.  This means schools in states that implement legislation such as HB 1008 could risk losing federal education funding.

Other states, such as California, have passed legislation to the opposite effect, explicitly allowing students to use facilities corresponding to their gender identity.

New Hampshire state law does not address the issue of transgendered bathroom use either way, though some New Hampshire schools and districts, such as Oyster River, have  instituted policies allowing transgendered students to use bathrooms corresponding to their gender identity.

Those in favor of the South Dakota bill argue it is an important protection of the privacy of normatively gendered students and argue that the alternative provisions for transgender students are sufficient to protect their rights.

Opponents counter that the bill is an infringement on the civil rights of transgendered students and would exacerbate issues of bullying and harassment directed at what is already a vulnerable population with a high risk of depression and suicide. They also note that such legislation may be ruled unconstitutional, opening the state up to lawsuits.     

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