Trans allies in South Dakota House

By Velvet Jessen

The South Dakota Legistlature started debate on House Bill 1076 on Tuesday and failed it in a House committee. The bill according to the official South Dakota Legislature website was stated as “An act to require that birth ceritificates reflect biological sex.” 

Currently in South Dakota, it is not required to have a sex reassignment surgery before changing sex on your birth certificate. After failing the motion, the committee deferred the bill to the 41st legislative day, which is a motion that kills the bill because there are no more than 40 days in a legislative session. With six yeas and seven neas to pass the bill, it was barely failed. 

The representatives Fred Deutsch, Phil Jensen, Marli Wiese, Kevin Jensen, Carl Perry and Kaleb Weis all voted in favor of the bill’s passing. Representatives Paul Miskimins, Tamara St. John, Aaron Aylward, Jennifer Healy Keintz, Erin Healy, Sydney Davis and Taylor Rae Rehfeldt voted in the prevailing to fail the bill.  

I believe the failure of this bill, although very close, is a step in the right direction for South Dakotans. 

This is at least the fourth bill passed in South Dakota for the protection of transgender rights. In March 2016, a bill that would have made it so transgender students must use the bathroom or lockerooms that match their birth sex was vetoed by the former Governor Dennis Daugaard. Three years later, in February 2019, the House passed a bill to the senate that would have not allowed teachers to call students by their preferred pronouns. The bill failed in the Senate only because it was not passed before they adjourned.

 In February 2020, a Senate committee failed a proposal that would have prevented minors from transistioning and allowed punishment for doctors that prescribed hormones, hormone blockers or performing surgery on minors. 

As a resident of South Dakota I am proud of the failure of those measures. As South Dakota’s cities grow, more diversity comes along with it and passing laws in protection of the new diverse communities is important. I look forward to seeing more votes against bills that only serve to hurt the new growing communities within the state.