South Dakota Bill Regarding Transgender Policies in High School Activities (SB 49)

SB 49 would ban transgender high school students from participating in an athletic program or activity in a manner that is consistent with their gender identity.

The bill would directly override the authority of the South Dakota High School Activities Association which allows participation for all students regardless of their gender identity or expression in an environment free from discrimination.

The bill voids the existing policy adopted by the Association and states “for purposes of participation in athletics sanctioned by the association, the sole determinant of a student’s sexual identity is the sexual identity noted on the student’s certificate of birth.”

Further, “if no sexual identity is noted on the student’s certificate of birth, the sole determinant is the sexual identity noted on the South Dakota High School Activities Association Physical Exam Form that is completed by a health care professional at the student’s physical examination.”

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Related Legislation

Nearly identical to HB 1225.

Nearly identical to SB 140 (2015) and HB 1112 (2016), both of which failed to pass.

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Latest Action

1/14/19 – Introduced; referred to Senate Education Committee.

1/24/19 – Bill is deferred to the 41st Legislative Day—effectively killing it—by a 5-2 vote.

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People