NEWS

Daugaard vetoes transgender bathroom bill

Dana Ferguson
dferguson@argusleader.com
Representatives from the Center for Equality, American Civil Liberties Union of South Dakota, LGBT supporters and members of the Human Rights Campaign stand on the front steps in honor of Trans Kids Support Visibility Day at the State Capitol in Pierre on Tuesday, Feb. 23, 2016.

Gov. Dennis Daugaard vetoed a measure Tuesday that would have made South Dakota the first state to bar transgender students from using bathrooms that don't match their biological sex.

The Republican governor announced his decision in a statement saying the measure "does not address any pressing issue concerning the school districts of South Dakota."

The bill's supporters called the decision "heartbreaking" while opponents lauded it as "heroic." And while disappointed in the outcome, the measure's prime sponsor said he wouldn't ask lawmakers to override the veto.

Under the measure, transgender students who didn't want to use bathrooms, locker rooms and shower rooms based on their biological sex would've been required to submit a request to their school for a "reasonable accommodation."

Daugaard in his statement said that schools are making decisions at the local level on how they can handle transgender students. He said the measure would have also created legal liability for the state's schools by forcing them to adopt policies that counter recent interpretations of federal discrimination law.

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Supporters, including conservative Christian groups such as Family Heritage Alliance Action, said the measure would enhance the privacy of all students while opponents including LGBT advocacy rights groups, the American Civil Liberties Union and celebrity Caitlyn Jenner, said the bill was discriminatory.

Would-be tourists on both sides of the issue hijacked the state's tourism hashtag last month, saying they'd boycott the state if Daugaard didn't support their position on the bill. Several businesses and the city of Sioux Falls also asked Daugaard last week not to approve the measure.

While the Legislature could override the veto with two-thirds support, the measure's primary sponsor, Rep. Fred Deutsch, R-Florence, asked lawmakers to concur the veto.

"Further focus on this issue will detract from other significant accomplishments of this Legislature this session," Deutsch said in a statement.

He said the bill was "intended to be a practical solution to our evolving social values on gender issues" and he believes the proposed law was "non-discriminatory." Deutsch said emotions on the subject clouded media coverage and debate.

The measure had considerable support in the Legislature where it passed 58-10 in the House of Representatives and 20-15 in the Senate.

Conservative Christian groups also expressed disappointment in Daugaard's decision Tuesday evening.

"I'm sick and I'm heartbroken," Linda Schauer, state director of Concerned Women for America, said. "We had hoped the governor would do the right thing."

Dale Bartscher, a lobbyist for Family Heritage Alliance Action, said the group would study the issue again over the summer and return with legislation next year.

Meanwhile, LGBT advocacy groups, civil rights organizations and transgender South Dakota residents lauded Daugaard's decision Tuesday, calling his action "heroic."

“Today Governor Daugaard made a symbolic statement that South Dakota’s transgender students are a valued part of the community and that our state leaders won’t be swayed by out-of-state groups that don’t have the interests of South Dakotans at heart,” Heather Smith, executive director of the ACLU of South Dakota, said. “People from across the state and country took time to reach out to the governor to urge this veto — that’s the true testament of democracy. There was no place for discrimination in South Dakota when this bill was initially proposed by a handful of legislators, and today the governor confirmed unequivocally that discrimination has no place in our future."

Kendra Heathscott

Kendra Heathscott, a transgender woman from Sioux Falls, said she cried upon hearing the news because she was so excited.

"I had always known that Daugaard had a big humongous heart," Heathscott said. "I don't know if he knows it, but he's a hero. That's a truly heroic decision."

Heathscott was one of three transgender South Dakotans who met with Daugaard last week ahead of his decision. She said she could tell the conversation made the difference and she was glad the governor opted to support transgender students.

"Great faces, great places really does include transgender people now because of this decision," she said.

Follow Dana Ferguson on Twitter @bydanaferguson

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