South Dakota lawmakers defeat transgender bathroom proposal

PIERRE — A legislative committee on Monday voted down a proposal to require schools to write and make public their policies governing transgender bathroom use.

The House Judiciary Committee on an 11-1 vote deferred House Bill 1296 to the 41st legislative day, effectively tabling the proposal.

Lawmakers expressed fatigue about the issue of transgender students' bathroom access prior to defeating the proposal.

"We have discussed and discussed and discussed this," said Rep. Susan Wismer, D-Britton. "Every time this bill is introduced it targets a vulnerable population, and I regret that very much."

The bill comes two years after the South Dakota Legislature approved a bill barring transgender students from using bathrooms and locker rooms that don't match their biological sex at birth. Gov. Dennis Daugaard vetoed that proposal.

More: Transgender bathroom policy debate returns to S.D. Legislature

Proponents told members of the committee the bill was needed to ensure schools don't advance a political agenda of encouraging students to question their gender. They said policies should be required and made public so that those who use school restrooms know what to expect and what their rights are when they enter.

"Can we have the schools step up to the plate and have a policy so that we can actually discuss policy?" said proponent Florence Thompson. "What we have now is they hide behind not having a policy, or they say they have a policy but they won't tell you what it is."

Opponents representing school groups, social workers and civil liberties advocates said the legislation was unneeded and would unfairly target transgender students.

"Bills like this try to fix a problem that doesn't exist," said Wade Pogany, executive director of Associated School Boards of South Dakota. "Schools make it work. We've asked repeatedly to allow school boards and local schools to handle these issues, so let's let them handle it."

Lawmakers this legislative session will also decide whether to bar schools from teaching gender identity. Senate Bill 160, which takes up that issue, had not yet been calendared for a hearing Monday.

Follow Dana Ferguson on Twitter @bydanaferguson, call 605-370-2493 or email dferguson@argusleader.com