South Dakota transgender bill defeated by Senate committee after emotional testimony

PIERRE — A Senate committee on Monday rejected a bill that would have prohibited medical professionals from providing hormone treatments and gender confirmation surgeries to transgender youths.

The decision by the Senate Health and Human Services Committee followed emotional testimony from both advocates and opponents of the bill. About 20 opponents who rallied against the proposed legislation prior to the hearing helped pack the hearing room where the crowd filled the floor space and spilled out into the hallway.

The vote was 5-2.

Sen. Wayne Steinhauer, R-Hartford, made the motion to defeat the bill. He called it a "gut wrenching" issue, but one that should be left with families and not the Legislature.

"I believe the building block of society is the family," Steinhauer said.

But Sen. Lance Russell, R-Hot Springs, argued the bill allowed families to bring an action if a young person was damaged from transgender treatment.

"I don't see this as paternalistic on the part of the government," Russell said.

Previous coverage: Gov. Kristi Noem has 'a few concerns' about transgender bill

Sen. Deb Soholt, R-Sioux Falls and the committee chairwoman, opposed the measure, but she said both sides shared a common thread of caring for children.

The bill originally would have made it a crime for doctors to perform gender confirmation surgeries to youths under 16. But Rep. Fred Deutsch, the prime sponsor of House Bill 1057, started the morning's testimony by asking that the bill be amended to make it a civil action which would allow youths who went through gender reassignment procedures to sue health providers if they later regretted the decision.

'Totally expected'

Deutsch, R-Florence, said the committee's defeat of his bill was "totally expected." He said he was grateful for the input on both sides of the issue.

Deutsch said he set out to have a conversation and bill supporters were successful in that because it heightened parents' awareness about the issue. He said he doesn't believe Gov. Kristi Noem will welcome legislation like HB 1057 during the remainder of her term based on her behind-the-scenes opposition that he saw.

Noem's spokeswoman Kristin Wileman disputed Deutsch's account and said Noem was open about her concerns on the bill, "but she never took a formal position on the legislation."

Deutsch said he likes to let issues rest for a while after he attempts to pass legislation. But it's too early to determine if he'll bring similar legislation next year, if re-elected.

"I'm done for the year," he said. "I don't like to bring more than one controversial bill per year."

Republican leaders: AG Ravnsborg could defend state in transgender bill lawsuit

Quinncy Parke, a nonbinary 17-year-old from Sioux Falls, said they were feeling “ecstatic” after the committee’s vote and thanked the senators who voted to defeat the bill because it takes courage.

“It’s gone. I don’t have to worry about it until next year. I’m not going to stop fighting these bills,” Parke said.

Parke said the bill was “crafted to fuel confusion and to sow distrust and misinformation." It’s not whether the bill passes, but how the introduction of bills such as HB 1057 make the transgender community feel in South Dakota. It puts the state’s transgender community into a negative light and fuels the stigma about transgender residents, Parke said.

The American Civil Liberties Union of South Dakota, which threatened to sue the state if HB 1057 passed into law, commended the committee's defeat of the bill.

"It's time we stop these attacks and the very real harm they cause to transgender youth across our state," said Libby Skarin, policy director of the ACLU of South Dakota. "Let this be a signal to the South Dakota Legislature that discrimination against a marginalized group is a distraction from the needs of the state and hurts us all."

Story continues below:

Medical community split

Several doctors testified in favor of the bill, while other members of the state's medical establishment, including Sanford Health, testified against the bill. Dr. Keith Hansen, an obstetrician-gynecologist with Sanford who treats transgender patients, told lawmakers that treating transgender youth is a "complex" process. He said that surgeries are not done until a person reaches the age of majority in their given country and that the process always starts with counseling.

Hansen said it's also rare: According to his records, he had 19 patients last year suffering from gender dysphoria. Parental consent is also required.

But Dr. Allen Hoekman, a Watertown pediatrician and one of five doctors to testify in favor of the bill, told lawmakers that youths should be allowed to finish puberty before making life-altering decisions about gender. He noted that society has laws against people under 18 from smoking and making other decisions and that sex reassignment should be no different.

Legislature: Two transgender bills filed in the South Dakota Senate

Sen. Helene Duhamel, R-Rapid City, noted that laws for children, including seat belts and immunizations, are laws for all children. HB 1057 focused on one group.

"I struggle to see this as a South Dakota issue," she said.

Twenty protesters make trip to Pierre

Prior to the hearing, about 20 people protested HB 1057 and other legislation aimed at the LGBTQ community filed this session. Carrying signs and the flag representing the transgender community, they chanted, "Trans rights are human rights," and "Good morning, Kristi Noem! Stop hate!" As they walked, some cars honked and waved in support as they drove down Capitol Avenue.

Pierre resident Sara Scimone joined the protest because her friends are part of the LGBTQ community. She doesn't think legislators should be targeting the community because South Dakota has a lot of problems that need to be resolved, she said.

"They just want to live their lives. Bills like the ones that are up right now are based on misunderstandings and all they do is make kids' lives and adults' lives who are part of the LGBTQ community more difficult," Scimone said.

Sioux Falls resident Steve Marty said legislators spend "too much time on trivial things." He's a lifetime South Dakota resident, for more than 60 years, and he said it's "ridiculous" that lawmakers continuously introduce legislation aimed at the LGBTQ community.

He said it's difficult to be represented by a senator who has signed onto HB 1057 as a sponsor.

"They're trying to push things back 60 years, and it's just kinda ridiculous that we keep doing this over and over and over again," Marty said.

'We will still exist': Hundreds gather for protest of transgender bills

Despite the protest, Sen. Phil Jensen, R-Rapid City, said during the hearing that he had received emails that measured 20-1 in favor of the bill. Jensen said the bill's supporters wanted a "pause button" for children whose minds don't fully develop until they are in their mid-20s.

The bill was passed by the House in a 46-23 vote after it passed the House State Affairs Committee last month.

Deutsch has called HB 1057 a “bill of compassion.” It’s OK for transgender adults to make decisions about their care, but "subjecting children to these interventions is deeply hurtful,” he said, adding, "This bill is about protecting children."