Dangerous Precedent: Anti-Transgender Student Bill Advances in South Dakota

February 17, 2016

South Dakota’s Senate voted on Tuesday, 20-15, to approve a bill that would prevent transgender students from using the facilities that match the gender of which they identify and live. The bill has already passed in the House, and is awaiting the Governor’s action.

Transgender students, like all students, should have a fair opportunity to participate fully in school. Preventing them from using the restroom that matches their gender could put them in danger of being singled out or bullied by their peers and could create additional barriers in the way of getting school work done or being able to fully participate in school programs.

If the Governor signs the bill, it would put South Dakota at odds with Federal law. In an article for which Equality Federation provided background information, TIME reported that “…the Department of Justice has issued several rulings and opinions that classify denying bathroom access to transgender students as sex discrimination under Title IX. The Department of Education has issued similar guidance, saying that the gender identity of students must be respected.”

Equality Federation is working closely with the ACLU and Equality South Dakota to educate lawmakers on the importance giving all students, including transgender students, a fair and equal opportunity to thrive in school.

Please join us in asking the Governor to veto this discriminatory bill.

More You might like

Black & LGBTQ+ Organizations Mobilize in High-Stakes Supreme Court Battle

We joined The Center for HIV Law and Policy (CHLP), PrEP in Black America (PIBA), Afiya Center (Dallas), Women with a Vision (New Orleans), SisterLove (Atlanta), and BlaqOut (Kansas City, Missouri) in filing an amicus, or “friend of the court,” brief in the Braidwood v Kennedy case on appeal in the Supreme Court in order to take a stand defending access to preventative health care nationally and to protect the Black and brown lives that will be lost should this access be overturned.

March 19, 2025
Leading Doesn’t Have to Be Lonely

Last month, we hosted our New Executive Director Intensive, one of our longest-running leadership programs. For over a decade, this program has brought together Executive Directors who are new in their role to foster healthy, sustainable organizations and leadership practices. Here are inspiring takeaways we got out of this year’s intensive!

March 19, 2025
Spotlight Interview featuring Ronnie, Advocacy, Policy, & Partnerships Director at FreeState Justice

In recognition of HIV is Not a Crime Day and Maryland's recent groundbreaking progress toward HIV law reform, we sat down for a conversation with Ronnie at FreeState Justice, one of our state partners. We discuss Maryland’s historic progress, its significance in the current landscape of HIV criminalization across the United States, and the importance of Black LGBTQ+ leadership in shaping HIV justice.

March 19, 2025
A young man looking up, smilingA young man smiling straight at the camera
Confident young woman standing with crossed arms.

Want To Make A Difference? Support Our Work

With your support, we'll be able to continue our work to build the leaders of today and tomorrow, strengthen state-based LGBTQ+ organizations, and make critical progress on the issues that matter most—like protecting transgender people, ending HIV criminalization and ensuring access to care, and banning conversion therapy across the country.