Dana Ferguson

dferguson@argusleader.com

A South Dakota lawmaker who brought a so-called transgender bathroom bill says he still stands behind the measure and would help author a similar one for 2017.

Rep. Fred Deutsch, R-Florence, on Argus Leader Media program #SuFuStu, said he thought House Bill 1008, a measure that was approved by the Legislature, but vetoed by Gov. Dennis Daugaard was a "good bill" that could still be a good option for South Dakota.

"In light of what has happened at the federal level, I think we need to define in South Dakota, 'Who do we want to allow in our restrooms and showers?'" Deutsch said. "I don’t want my daughter showering with somebody with male anatomy. So what do we do? That’s what we have to figure out.”

Deutsch's bill would have barred transgender students from using restrooms, locker rooms and shower rooms that don't match their biological sex at birth. Under the bill, transgender students would be able to apply with school districts for a "reasonable accommodation."

The comments from Deutsch came hours after a federal three-judge panel in Richmond, Va. overturned a similar policy in that state that barred a transgender student from using the boys' bathroom at his high school on a 2-1 vote.

The 4th U.S. Circuit Court of Appeals said the Gloucester County School Board policy that prevented 16-year-old student who was born a female but identifies as male from using the boys' bathroom was discriminatory.

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LGBT advocacy groups and civil rights organizations were quick to call the decision a victory that should serve as a precedent while opponents including conservative Republicans were quick to criticize it, saying Title IX's protections pertain to biological sex, not gender identity.

Heather Smith, executive director of the American Civil Liberties Union of South Dakota, in a statement said the Mount Rushmore State should avoid similar policies or laws, which she said are unfair to transgender students and could cost schools federal funding.

"Simply put, there’s no way to fix blatantly discriminatory legislation like H.B. 1008. No matter how you package it, there is no compromise on discrimination," Smith said. "The U.S. government and the courts have made it clear that federal law prohibits discrimination against transgender students in schools, including in restrooms and locker rooms."

Deutsch said South Dakota needs to provide a uniform policy for all school districts with regard to transgender policies. And in his opinion, the circuit court's ruling and the Obama Administration's interpretation of Title IX need to be re-examined.

And while Sen. Brock Greenfield, R-Clark, along with other conservative lawmakers and the conservative Christian lobbying group Family Heritage Alliance Action have said they'd be willing to back a measure like H.B. 1008 next year, Greenfield said he wasn't sure it would be worth the effort if it again faced opposition from the governor.

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"I'm kind of at a loss for what we can do to appease the administration," Greenfield said. "I struggle to understand what was objectionable about our bill."

Deutsch also criticized input from corporations like those boycotting North Carolina after Gov. Pat McCrory and the state's Legislature enacted a law last month that bars transgender people broadly from using public bathrooms that don't match their biological sex at birth and restricts cities from enacting ordinances that protect gay or transgender people.

"People elect us to develop laws, I’m not looking for big business to threaten us, I don’t think it’s their place to do so,” Deutsch said.

Deutsch announced Monday that he plans to withdraw his candidacy for personal and professional reasons, but said he'd work with interested legislators on a new policy for next year. And he said he hopes to run for his seat again in 2018.

Follow Dana Ferguson on Twitter @bydanaferguson

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