Dana Ferguson

dferguson@argusleader.com

PIERRE — The state of South Dakota would not recognize a transgender person's identity as male or female unless it coincided with his or her biological sex under a bill moving through the Statehouse.

A measure filed Wednesday in Pierre would require cities, school districts, state agencies and other public bodies to assess an individual's gender by using his or her birth certificate in any situation where the document is being considered, rather than relying on the gender with which the individual identifies.

The bill's author said the measure is aimed at upholding the validity of state documents while civil liberties advocates said it would allow the state to discriminate against transgender people.

If enacted, the bill would require that state officials use birth certificates to determine whether an individual is male or female when enrolling in school, applying for a driver's license or for a job with the state, or otherwise engaging with state agencies.

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The bill's author, Rep. Jim Bolin, R-Canton, said he brought the measure to defend the validity of state documents. He said the state wouldn't recognize "any claim that contradicts an official state document."

"People can appear any way they want to, that doesn't really bother me. But the state, the government, must defend the validity of its documents," Bolin said. "You just can't pick and choose information on birth certificates."

Libby Skarin, policy director for the American Civil Liberties Union of South Dakota, said the measure could generate discrimination against transgender people and others whose identifying information has been changed since birth.

"Unfortunately, HB 1209 appears to be yet another attempt by our Legislature to target one of the most vulnerable communities in South Dakota — transgender individuals," Skarin said in a statement. "There is no medical or legal basis for attempting to limit a person's gender to what is written down on the birth certificate at the time of birth."

The bill will be considered by the House Committee on State Affairs, but it has not yet been scheduled for a hearing.

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