South Dakota Gov. Kristi Noem introduced a bill this week that would require athletes on women’s and girls’ sports teams to be designated as “female” from birth, just months after she vetoed a similar bill.
The South Dakota legislature passed a bill meant to protect girls’ sports from radical transgenderism earlier this year, but Noem vetoed the bill, saying it would be subject to too many legal battles.
The new bill, however, doesn’t carry the same legal flaws, Noem claimed.
“This legislation does not have the problematic provisions that were included in last year’s House Bill 1217,” Noem said in a statement. “Those flawed provisions would have led to litigation for our state, as well as for the families of young South Dakota athletes – male and female alike.”
Every young woman deserves an equal playing field where she can achieve success. That’s why only girls should be competing in girls’ sports.
I’m introducing legislation to codify my EOs and extend further protections to women and girls. Read more here: https://t.co/HypacKodq2
— Governor Kristi Noem (@govkristinoem) December 14, 2021
The draft legislation defines “biological sex” as “the sex listed on the student’s official birth certificate issues at or near the time of the athlete’s birth.”
It would also protect schools from liability for complying with the proposed law, and allow athletes affected by a violation of the law to seek a “private cause of action for injunctive relief and any other equitable relief available under law,” according to the draft version of the bill.
“Every young woman deserves an equal playing field where she can achieve success, but common sense tells us that males have an unfair physical advantage over females in athletic competition,” Noem said in a statement.
“It is for those reasons that only girls should be competing in girls’ sports,” she said. “Women have fought long and hard for equal athletic opportunities, and South Dakota will defend them, but we have to do it in a smart way.”
