South Dakota Governor Vetoes Bill Requiring Use of Restroom Corresponding With Birth Gender

Daugaard-compressedPIERRE, S.D. — The Republican governor of South Dakota has vetoed a bill requiring that public school students use the restroom or locker room that corresponds with their birth gender as he believes that it “openly invites federal litigation.”

As previously reported, last month, the state Senate voted 20-15 in approval of H.B. 1008, just weeks after the House advanced the bill 58-10.

“Every restroom, locker room, and shower room located in a public elementary or secondary school that is designated for student use and is accessible by multiple students at the same time shall be designated for and used only by students of the same biological sex,” the bill, authored by Rep. Fred Deutsch, R-Florence, reads.

“In addition, any public school student participating in a school sponsored activity off school premises which includes being in a state of undress in the presence of other students shall use those rooms designated for and used only by students of the same biological sex,” it adds.

The bill notes that those if a student identifies as the opposite sex, and attestation is provided in writing by the student’s parent, an accommodation must be made, such as a “single-occupancy restroom, a unisex restroom, or the controlled use of a restroom, locker room, or shower room that is designated for use by faculty.”

But Gov. Dennis Dougaard vetoed the legislation on Tuesday, opining that there is not a pressing need for the law at this time and that it conflicts with the Obama administration’s interpretation of civil rights law—which could result in a possible lawsuit.

“If and when these rare situations arise, I believe local school officials are best positioned to address them,” he wrote to lawmakers in explaining the veto. “Instead of encouraging local solutions, this bill broadly regulates in a manner that invites conflict and litigation, diverting energy and resources from the education of the children of this state.”

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Dougaard had reportedly heard from those on both sides of the issue before making his decision. Bruce “Caitlyn” Jenner and LaVerne Cox were among those that had urged Dougaard to veto the bill.

“I’m sick and I’m heartbroken,” Linda Schauer, South Dakota director of Concerned Women for America, told the Argus Leader. “We had hoped the governor would do the right thing.”

Deutsch says that he will not seek to override Dougaard’s veto, but is considering introducing similar legislation again next year.

“It’s very simple: Boys in the boys’ shower. Girls in the girls’ shower. Accommodation for students who are transgender,” he told reporters.

Deutsch stated that he believes the Obama administration has read further into Title IX of the Education Amendments of 1972, which prohibits discrimination against a person based on their gender. The regulation has customarily been considered to apply to female participation in sports programs.

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance,” it reads in part.

The Department of Education had pressured a school district in Illinois last year to allow a male student who identifies as female to use the girls’ locker room due to the text in Title IX.

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  • Mr. Avatar

    This governor has no backbone and would rather support a federal law that that mandates sexual deviate’s be allowed to endanger your children and adults. Get him out of your state.

    • Ambulance Chaser

      Why does he “have no backbone?”

      • Mr. Avatar

        Would you like it if your daughter was in the shower in a school after gym and a boy with his genitalia came in and undressed exposing his male parts to take a shower? Anyone who would allow this has no back bone.

        • Ambulance Chaser

          That doesn’t even attempt to answer my question.

      • Martin Smit

        It is a genetic anomaly. It was surgically removed. It is present, but not functioning as a backbone. Chuck Norris hit him. Whatever.

      • Asemodevs

        Probably gay. They are cowardly.

    • acontraryview

      “that mandates sexual deviate’s be allowed to endanger your children and adults.”

      Such laws have been in place in a variety of locations for several years. There have been no reported instances of issues. So what basis do you have for suggesting that such laws “endanger your children and adults”?

      • Mr. Avatar

        It would endanger any young girl being exposed to a male and his male parts are you a pervert?

  • Brad F

    Another would-be tyrant overriding the people’s will. So what else is new?

    • acontraryview

      The people didn’t vote on this.

      • scottrose

        The people they elected to represent them did. That’s how the system works.

        • acontraryview

          I’m glad we agree that since it was the legislature that created this law, and not a vote of the people, that this is not an issue of overriding “the people’s will”.

          The Governor has veto power. That’s how the system works.

    • Rachelthemillenial

      The left rarely gets its way through legislation, it has to rely on bullies in black robes.

  • Josey

    Gov. Dennis Dougaard, you are a coward and lack common sense! Girls should have a right to privacy and same goes for boys, it’s not that hard to understand. God’s blessings upon those fighting for their right to privacy, may the Lord continually strengthen you and keep you in Jesus name! Come Lord Jesus, Come!

    • gizmo23

      Who cares who is in the stall next to them?

      • Emmanuel

        PC 290 guys care

        • gizmo23


          • Emmanuel

            Registered sex offender

          • gizmo23

            What’s to stop them now?

          • Emmanuel

            exactly, we just gave them more access. Now, I’m talking about the ones we have caught, How many are out there that have not been caught?

      • Reason0verhate

        Gay men think it’s very important.

  • Guest

    Thank you governor. So many on this issue don’t even care about these transgender children in thought word and deed. Stand strong for Christian principles.

    • Stefano D. Mtangoo

      There is no such a thing a s transgender. You are either a male or female. Nothing less nothing more!

      • Guest

        Hmmm, my guess is you know very little about human sexuality.

        What do you think defines ‘male’ and ‘female’? Appearance? Genetics? Neurological structure? Combination of the 3?

        • Stefano D. Mtangoo

          God defines it and no man including you have any single say. Am sorry to say there is one God and that God is not YOU!

          • John N

            Ok. So where and how did your god define ‘male’ and ‘female’?

            Appearance? Genetics? Neurological structure? Combination of the 3?

            And how do you know?

          • Stefano D. Mtangoo

            So animals know the answer to that and you who wan to look smart does not? The Bible is right, “the fool have said in his heart there is no God”. Again the Bible is right, “Professing to be wise they became fools”.

            So my question is, If I give you all the details on how God defines it, what will you do with it?

          • John N

            Well, you could start by giving me some answers.

            How does your god define male and female? And where does he exclude transgenderism?

            And since you seem to know what animals think, you are welcome to explain how and why transgenderism occurs regularly in the animal kingdom.

          • acontraryview

            Male and female animals share the same bathroom, so I guess you don’t look to smart suggesting that humans should not.

          • scottrose

            Some of us aim a little higher than behaving like animals.

          • acontraryview

            Humans are animals, Scott.

          • scottrose

            Not the ones I hang out with.
            Don’t assume all people are like you. There’s a few decent people left on earth, you just don’t meet them in your demographic.

          • acontraryview

            Well if they aren’t animals, Scott, that leaves vegetable, mineral, liquid, or gas. I’m going with gas.

          • Guest

            I completely agree, so what you are saying is you have no idea if these transgender people are either sex, but God does.

            I agree completely.

          • Stefano D. Mtangoo

            Transgender is an oxymoron. There is no such thing as transgender. Get that and live with it. There is nothing you can do to change that!

          • John N

            Transgender is an oxymoron? Like a figure of speech combining contradictory elements?

            I’m afraid transgender is as much an oxymoron as transatlantic.

            And why do you think transgenderism does not exist? Just because your bible does not mention it? Or did you miss the years of research done on both animal and human sexual development and transgenderism?

          • acontraryview

            “There is no such thing as transgender. ”

            Then it shouldn’t matter to you, should it?

          • Guest

            And again, goes to show you don’t have even a basic understand of sexuality and gender. ‘Male’ and ‘Female’ are sexes, ‘Masculine’ and ‘Feminine’ are genders. There most certainly are male people that have feminine gender characteristics, and vs versa for a host of objective reasons, some we understand quite well like chromosomal variances, and some like Androgenic Insensitivity Syndrome that we don’t yet but know it exists in varied degrees in men.

            There are other animals God designed where the genetic information for the sexes are kept completely separate, humans aren’t one of them. He put all the information in every single human being to be masculine or feminine and it is there throughout their development no matter what sex they are. People can be bodily male or female and have the completely or incomplete set of gender characteristics – that’s they way He designed us, that’s how the system works.

            Once you learn how God made things work you can probably understand there most certainly are transgender people, those that feel like the gender that doesn’t match their outward sexual appearance. All transgender is someone trying to make the ‘inside’ and the ‘outside’ match, and not fixing that when you can would be as silly and not fixing a cleft palate.

    • Rachelthemillenial

      That’s really stupid. Playing along with insane people is not a “Christian principle.” The Christian thing to do with psychotics is to cure them.

      • Guest

        Insane? Sorry straw men won’t help your case – feeling you are feminine is not a mental illness.

  • Catherine Neill

    I think Mr. Dougaard is correct in his assessment that the current Administration would have a problem with the bill. Since it is not a pressing problem, this can easily wait until next year when the Justice Dept will hopefully be staffed with more reasonable people, and lead by a common-sense President, who will hopefully abolish the Dept of Education!

    • acontraryview

      Good luck with that.

  • Steve Maples

    This Governor is either coward, or pervert, or maybe both. SHAME ON OUR GOVERNORS – the last best bastion of hope for a country bowing to and dying to political correctness.

  • Max

    Caving in to fruitcakes.

    Disgusting excuse for a man.