Governor Daugaard:
I’m writing to urge you to veto HB 1008—harmful legislation that specifically targets transgender students, prohibiting them from using restrooms and locker rooms consistent with their gender identity.
This legislation, which requires every student provide a birth certificate or blood test as a condition for using the bathroom, is an affront to our South Dakotan values of liberty rooted in small government. It strips school districts of local authority to handle each unique case by putting it in the hands of the state government. But not just that, if signed into law, it would mean real consequences—and financial burden—for our economy and school districts across the state. HB 1008 mandates that school districts find their own legal representation for costly and time consuming lawsuits and administrative complaints that are likely to arise, as well as cover all damages incurred. This puts school districts in impossible position of determining whether to follow state or federal law and face repercussions no matter what they decide.
And because HB 1008 specifically encourages discrimination on the basis of gender identity—which has been interpreted by the Department of Education to be covered under existing “sex” non-discrimination protections, this bill puts federal funding at risk. Specifically, the discriminatory intent of HB 1008 could jeopardize $205 million in Department of Education funding that accounts for 14.6% of the state’s education income and fuels critical programs like special education, math & science partnerships, rural school programs and food assistance.
The eyes of the nation are on South Dakota—and the state cannot afford to go down this dangerous, costly road. I respectfully ask that you please stand with the people of South Dakota by rejecting this harmful bill.
Sincerely,
Samuel Becker