This Insane Anti-Trans Bill Might Actually Become a Law

A bill has just been passed in South Dakota banning transgender students from using bathrooms and locker rooms in public schools that correlate to their decided gender identity.

More specifically, the bill reads:

“Every restroom, locker room, and shower room located in a public elementary or secondary school that is designated for student use and is accessible by multiple students at the same time shall be designated for and used only by students of the same biological sex.”

Biological sex being: “the physical condition of being male or female as determined by a person’s chromosomes and identified at birth by a person’s anatomy.”

Instead, the schools would be asked to build unisex, or single bathrooms, unless it “burdened the school district”, whatever that means. Basically, this set up makes it possible for schools to not have to build these types of bathrooms at all. Yikes.

The bill was passed by the state on Tuesday, but in order for it to actually become a law, Governor Dennis Daugaard has to sign it. So we’ll see what happens.

The one silver lining is that the bill might actually be illegal and therefore impossible to enforce. Vox points out:

“One factor Daugaard may consider: The bill could draw federal opposition. The Justice Department and Department of Education interpret Title IX, which bans sex discrimination in publicly funded schools, to ban anti-trans discrimination. In the most advanced lawsuit over bathroom access, the Justice Department has weighed in to support a student’s access to the bathroom that corresponds with his gender identity.”

Photo via Philippe Lopez/AFP with Getty Images


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