A bill regulating which bathrooms transgender people can use is advancing to the state Senate. Critics say it’s the latest in a long line of attempts to restrict the freedoms of gender nonconforming people in South Dakota.
HB 1259 appears to have momentum as it leaves the House of Representatives.
It was brought by Aberdeen Republican Rep. Brandei Schaefbauer, who consistently misgendered transgender women during testimony.
“There is such an atmosphere of social confusion around this issue that it has destroyed our abilities for logic and common sense," Schaefbauer said. "Bringing this back to the simplest terms – men do not belong in female private spaces.”
However, Sioux Falls Democratic Rep. Erin Healy, House minority leader, suggests it is Schaefbauer who has lost logic over the course of the floor debate.
“What I heard was, and what I think we should be deeply concerned about and outraged about, was the fact Rep. Brandei Schaefbauer wants to put trans inmates into solitary confinement because there’s no better place for them to urinate. I think that’s appalling," Healy said. "Republicans are obsessively fixated on attacking transgender people. They’re using them as a political scapegoat, they’re trying to invoke fear, they’re trying to rally their base.”
The visibly frustrated Healy, a seven-year veteran of the Statehouse, said lawmakers are running in circles with unenforceable legislation.
“I think that it’s incredibly wrong that we are not focused on policy, that we’re talking about hate, and trying to control individuals," Healy said. "Their actions sent a very clear message that instead of leading with compassion and leading with facts, they’re going to weaponize the existence of a small group of marginalized people to score political points – and that is wrong. Quite honestly, my blood boils.”
Supporters of the bill frequently referred to it as a safety issue – but opponents said existing law already addresses inappropriate behaviors in restrooms. They also raised questions about costs and legal liability.