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South Dakota Considering HB2-Like Transgender Bathroom Bill

This would be the state's second attempt to instate the anti-trans measure.

A ballot measure that would require transgender students to use school restrooms in accordance to the sex on their birth certificates could go before South Dakota voters in 2018, Attorney General Marty Jackley announced Tuesday.

Jackley is reviving a heated dispute from the 2016 legislative session, which saw lawmakers arguing over whether or not to institute an anti-trans bathroom bill in the vein of North Carolina's infamous House Bill 2.

Though the state's house and senate both passed the bill, Republican Gov. Dennis Daugaard eventually vetoed the motion. Jackley stated that if supporters were able to gather 13,871 signatures from registered voters by November 2017, they would be able to place the initiative back on the ballot for the 2018 election.

Jay Pickthorn, AP

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 of the State Capitol to honor Trans Kids Support Visibility Day in Pierre, S.D. on Tuesday, Feb. 23, 2016. Gov. Dennis Daugaard heard from several transgender people during a meeting Tuesday at the Capitol, where advocates gathered to urge the governor to veto a bill that would require students to use bathrooms and locker rooms that match their sex at birth. (Jay Pickthorn /The Argus Leader via AP) NO SALES; MANDATORY CREDIT

The bill is sponsored by Jack Heyd of Box Elder, a political newcomer who chairs the Committee to Ensure Student Privacy. He claims the bill would protect children from "nefarious" activities and help all students to maintain privacy.

Under the measure, schools would be required to provide "reasonable accommodation" for trans students, such as single-occupancy bathrooms or the supervised use of faculty restrooms and changing areas.

“I can’t think of a better opportunity for the people to have a vote on something as important as this,” said retiring Rep. Fred Deutsch, who sponsored the failed 2016 bill.

James Nord, AP

Terri Bruce (above), a transgender man who fought against the bill in 2016, says the measure would embolden students to bully their trans peers and is asking South Dakotans to engage in a meaningful dialogue about the issue before signing the petition.

“I would love to speak to people that have never met a transgender person or don’t understand what the issues are that would like to hear what the other side of this looks like,” Bruce said. “I just ask that people give my community a fair shot at giving a different perspective.”

The American Civil Liberties Union of South Dakota has spoken out against the campaign to revive the vetoed bathroom bill, calling it a "shameful attempt" to write blatant discrimination into law.

h/t: LGBTQ Nation

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