PIERRE, S.D.(SDBA)- A South Dakota House Education Committee voted Monday to defeat legislation that would have protected school employees and students from disciplinary action for declining to use preferred pronouns or names.
House Bill 1177A would have prohibited schools from taking “adverse employment action” against employees who decline to use names or pronouns inconsistent with an individual’s sex as defined at birth. The bill also would have allowed employees and students to bring civil actions, including seeking monetary damages and attorney’s fees, if they faced discipline for such refusals.
Republican Rep. Mike Stevens from Yankton.
The ACLU of South Dakota opposed the measure, warning it could jeopardize federal Title IX funding.
Executive Director Samanatha Chapman:
Bill sponsor, Republican Rep. Kathy Rice from Black Hawk, defended the legislation as protecting religious freedom while maintaining existing anti-bullying policies.
However, Kate, a parent of a transgender child, described how her son Alexander developed PTSD from bullying after coming out.
Several committee members expressed concern about removing local control.
The bill’s defeat came after representatives questioned Rice’s lack of supporting data for claims about teacher departures and her assertion that approximately 1,000 South Dakota students identify as transgender.
The legislation was moved to the “41st day” — a procedural move that kills legislation in South Dakota’s 38-day legislative session.
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