A bill aiming to regulate who can use which bathroom in schools, courthouses, and libraries is advancing in the Legislature.
While some contend it’s a measure for safety, others say the bill unfairly targets the transgender community.
HB 1259 was amended on the floor and ultimately passed on a 27 to 6 vote. Assuming House lawmakers agree on these amendments, it then heads to desk of Gov. Larry Rhoden.
The bill requires individuals to use public restrooms or changing rooms that match their biological sex.
For Bonesteel Republican Sen. Mykala Voita, it represents a safety measure.
“There is such an atmosphere of social confusion around this issue that it has destroyed our abilities for logic and common sense or to have logical discussions about this risk," Voita said. "Bringing this back to the simplest terms - men do not belong in female private spaces.”
That last section of the speech matched word-for-word the floor speech of House prime sponsor, Republican Rep. Brandei Schaefbauer.
However, for Sioux Falls Democratic Sen. Liz Larson, minority leader, the bill represents a waste of taxpayer time and money.
“We already have laws on the books that will have swift justice for anybody who does any of the example crimes that were already described - in a bathroom or anywhere else," Larson said. "Let’s suspend that for a moment, what I’m actually concerned about is the implementation of this bill. I don’t know if people looked at the fiscal note, but the fiscal note is like ‘well, we’re not exactly sure how much this will cost because we don’t really know what it is.”
Even if it gets to Rhoden’s desk, the governor can turn to precedent. In 2016, a very similar bill passed the state legislature. Ultimately, it was killed by then-Governor Dennis Daugaard.
Daugaard made that decision after sitting down and talking with a group of gender non-conforming students prior to signing the bill. Many protesters across South Dakota have called upon Gov. Rhoden to listen to the voices of those who would be most impacted by the bill.
