South Dakota governor vetoes law on transgender bathrooms

Pierre, S.D. (AP) — South Dakota's governor vetoed a bill Tuesday that would have made the state the first in the U.S. to approve a law requiring transgender students to use bathrooms and locker rooms that match their sex at birth.

Republican Gov. Dennis Daugaard, who initially reacted positively to the proposal but said he needed to research the issue, rejected the bill after the American Civil Liberties Union and the Human Rights Campaign insisted it was discriminatory. In his veto message, Daugaard said the bill "does not address any pressing issue" and such decisions were best left to local school officials.

The Republican-controlled Legislature approved the proposal last month, with supporters saying it was meant to protect student privacy. But the ACLU had promised to encourage legal action had the bill been signed.

Transgender rights are a new flashpoint in national culture fights following the landmark U.S. Supreme Court ruling that legalized same-sex marriage last year. The high court victory encouraged advocates for lesbian, gay, bisexual, and transgender rights to push harder, prompting backlash from conservatives.

Daugaard vetoed the measure a week after hearing the personal stories of three opponents of the bill who are transgender in what was his first knowing interaction with transgender people. The governor initially offered a positive reaction to the proposal, but said he needed to research the issue and listen to testimony before making a final decision.

 “Thank you Governor Daugaard for meeting with transgender people to see through their eyes that they are our friends, family, and neighbors, worthy of the same fair treatment and dignity as everyone else,” said Rebecca Isaacs, Executive Director of Equality Federation. “The more people get to know about the real lives of transgender people, the more empathy prevails. All students, including transgender students, should be able to fully participate and have a fair opportunity to thrive in school.”

Opponents called the legislation an attack on vulnerable transgender students that would further marginalize them at school. They also criticized comments made by some lawmakers, including Republican Sen. David Omdahl. When asked about the bill in February, he said:

"I'm sorry if you're so twisted you don't know who you are," he said when asked about the bill in February. "I'm telling you right now, it's about protecting the kids, and I don't even understand where our society is these days."

Under the plan, schools would have been required to provide a "reasonable accommodation" for transgender students, such as a single-occupancy bathroom or the "controlled use" of a staff-designated restroom, locker room or shower room.

Equality Federation is tracking dozens of anti-transgender bills across the nation, and this would have been the first one signed into law, setting a dangerous, discriminatory precedent for the state’s transgender students. Leading up to today’s victory, Equality Federation worked closely with Equality South Dakota and our other partners.

James Nord, Associated Press contributed to this story.

The Gayly – March 1, 2016 @ 5:40 p.m.