Last year, Gov. Daugaard vetoed an anti-transgender bill, after meeting with a number of transgender persons. Unsurprisingly, the bigoted bill is back on the table, with a new twist.
The 2017 bill, SB 115, has the same purpose as last year’s: blocking schools from letting transgender students from accessing bathrooms and locker rooms that match their gender identity. But there’s a new word included in the bill — one not seen in other anti-transgender bills — that could set a dangerous new precedent for legislation designed to discriminate against transgender people.
“The term, biological sex, as used in this Act, means a person’s immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth,” the bill reads. “A person’s original birth certificate may be relied upon as definitive evidence of the person’s biological sex.”
That word “original” means there would be no way for any transgender person to ever obtain legal recognition.
Currently, in South Dakota, transgender people can obtain court orders to amend their birth certificates to reflect their gender identity without any specific medical requirements.
But if anti-trans legislation starts referring to “original birth certificates” like South Dakota’s new bill does, that would further limit the already-few ways trans people have to protect their gender identities under the law. Indeed, it would eliminate the relevance of any legal documentation they obtain that confirms their gender identity.
Given South Dakota’s otherwise-identical bill made it all the way to the governor’s desk last year, this year’s version could similarly have legs. And there’s nothing to stop the many other states considering various anti-trans bills from incorporating the same change or propose new bills with this extra rejection of transgender identities.
This is absolutely evil, and so unnecessary. I’m tired of saying it should not be alright to legislate hate and bigotry. I would hope that Daugaard find the spine to do the right thing again, but I’m doubtful. Even if he does, this will be picked up by spiteful, bigoted, hateful, christian asses in many other states.
Full story at Think Progress.