On Friday, South Dakota Republican Governor Larry Rhoden signed into law House Bill 1259, a sweeping measure that restricts transgender people’s access to public school and state-owned facility restrooms and changing rooms that align with their gender identity. The bill, set to take effect on July 1, 2025, will prohibit transgender individuals from using multi-occupancy restrooms, changing rooms, and sleeping quarters that do not match their sex assigned at birth.
For transgender South Dakotans, this law represents a painful setback in a state that has increasingly targeted their rights. The legislation follows a broader trend of anti-trans policies spreading across conservative states, with at least 13 states passing similar restrictions on bathroom access. However, legal challenges to these laws remain ongoing, raising significant questions about whether HB 1259 will survive judicial review.
Understanding HB 1259: What Does the Law Do?
HB 1259 establishes strict definitions for “male” and “female” based solely on reproductive anatomy at birth, excluding any recognition of gender identity. The law mandates that public schools and state facilities designate restrooms, locker rooms, and sleeping quarters exclusively for either males or females, prohibiting transgender individuals from using facilities that match their gender identity.
Key Provisions:
- Restricted Access: Public schools and state-owned buildings must segregate multi-occupancy bathrooms, changing rooms, and sleeping quarters based on birth-assigned sex.
- Legal Action Against Schools: The law allows individuals who “encounter” a transgender person in a gender-segregated facility to sue the school district or state institution if officials fail to take “reasonable steps” to prevent the transgender individual from using that space.
- Limited Accommodations: Schools may offer single-use or family restrooms, but these must be separate from gendered spaces and cannot be made permanent solutions.
- Exemptions: The law does not apply in cases of emergency medical assistance, law enforcement duties, custodial services, or accommodations for individuals protected under the Americans with Disabilities Act (ADA).
Gov. Rhoden defended the law as “common sense,” claiming it shields South Dakotans from the “woke agenda” seen in other states. However, advocacy groups, legal experts, and transgender South Dakotans strongly disagree.
Legal and Constitutional Concerns
Laws restricting transgender people’s restroom access have faced significant constitutional challenges in courts across the country. While some state-level bans have been upheld temporarily, none have reached a final Supreme Court ruling. The ACLU of South Dakota has already signaled its intent to fight HB 1259 in court.
Potential Legal Challenges:
- Violation of Title IX: The Biden administration has interpreted Title IX, the federal law prohibiting sex-based discrimination in education, to include protections for gender identity. While courts have temporarily blocked this interpretation, lawsuits may argue that HB 1259 unlawfully discriminates against transgender students.
- Equal Protection Clause: The 14th Amendment guarantees equal protection under the law. Transgender rights cases have successfully argued that banning restroom access based on gender identity constitutes unlawful discrimination.
- Previous Rulings: Courts have struck down similar bans at the school district level. The 4th Circuit Court of Appeals ruled in 2020 that denying a transgender student access to gender-affirming restrooms was unconstitutional. However, the 9th Circuit allowed Idaho’s ban to remain in place while litigation continues.
With these precedents in mind, HB 1259 is likely to face strong legal opposition, and its enforcement may be blocked or delayed by federal courts.
Enforcement and the Risk of Discrimination
One of the most troubling aspects of HB 1259 is its lack of clarity regarding enforcement. The bill does not require proof of sex assigned at birth, such as a birth certificate or ID, meaning enforcement is entirely complaint-driven.
By allowing private individuals to sue schools and state agencies, HB 1259 creates a financial incentive to report suspected transgender individuals, increasing risks of false accusations and harassment. Schools and state institutions may feel pressured to adopt discriminatory policies that disproportionately target transgender and gender-nonconforming individuals based solely on appearance.
Although the bill does not impose criminal penalties on transgender individuals, it places legal liability on schools and state agencies, which may result in:
- Increased restroom monitoring.
- Policies requiring students to prove their sex before using facilities.
- More lawsuits against the state for discrimination and civil rights violations.
By relying on vague enforcement provisions and public complaints, HB 1259 fosters a hostile environment that could have widespread consequences beyond its intended scope.
Impact on the Transgender Community
For transgender South Dakotans, HB 1259 is not just a legal issue—it is a deeply personal one.
“This law is cruel,” said Samantha Chapman, advocacy manager at the ACLU of South Dakota. “It’s disheartening and heartbreaking to see our state government actively trying to erase transgender people from public life.”
Transgender students in South Dakota now face a reality where simply using a restroom at school could expose them to legal disputes or force them into separate facilities, further isolating them from their peers. Research consistently shows that such policies negatively impact mental health, school performance, and overall well-being for transgender youth.
For transgender adults, particularly those who rely on state services or work in government buildings, this law creates daily challenges in accessing basic needs. The ability to use a restroom should never be a political battleground, yet HB 1259 has made it just that.
The Bottom Line
With legal battles on the horizon, the future of HB 1259 remains uncertain. Similar laws in other states have faced prolonged litigation, and it is highly likely that courts will intervene before the law takes full effect.
For transgender people in South Dakota, advocacy organizations are mobilizing resources to offer legal guidance and mental health support. The ACLU and other civil rights groups encourage affected individuals to document instances of discrimination, reach out for support, and stay informed about ongoing legal developments.
How You Can Take Action
If you are a transgender person in South Dakota affected by this law:
- Stay informed: Follow updates from organizations like the ACLU, Lambda Legal, and the Transgender Legal Defense & Education Fund.
- Know your rights: While the law takes effect in July, lawsuits may delay enforcement.
- Seek support: If you face discrimination, reach out to advocacy groups for legal advice and community assistance.
South Dakota’s HB 1259 represents yet another battle in the fight for transgender rights. But history has shown that resistance and legal action can overturn unjust laws. The voices of transgender individuals and allies matter now more than ever—because equality and dignity should never be up for debate.
