Legal Affairs
South Dakota: Transgender persons ban from using public school restrooms

The South Dakota government led by Governor Larry Rhoden, has approved a law restricting transgender individuals from using public school restrooms and changing rooms that align with their gender identity.
Media report says Rhoden, on Friday, March 21, 2025, signed House Bill 1259 into law, setting July 1 as the enforcement date.
The law prohibits transgender persons from accessing certain communal facilities in public schools and state-owned buildings.
This also allows individuals who encounter transgender persons in these spaces to take legal action against schools or the state if authorities fail to enforce the restriction.
Speaking after signing the bill, Rhoden defended the legislation, saying it aligns with South Dakota’s values and protects against what he called a “woke agenda.”
“South Dakota is a place where common-sense values remain common.
This law ensures freedom from radical ideologies that have taken root in other places,” he said.
The new law marks the first time South Dakota has imposed a state-wide restriction on transgender individuals’ bathroom access.
Recall that a similar bill passed the state legislature in 2016 but was vetoed by then-Governor Dennis Daugaard.
This move has sparked widespread criticism From LGBTQ+ rights groups and civil rights organizations, who describe it as discriminatory.
“This is a painful and disheartening development,” said LGBTQ+ rights activist Chapman.
“This law marginalizes an already vulnerable community and exposes transgender individuals to further discrimination.”
With this development, South Dakota joins at least 12 other states that have passed similar laws and are currently awaiting approval in Tennessee and Montana.
At the national level, transgender rights remain a deeply divisive issue.
The administration of former U.S. President Joe Biden sought to broaden anti-discrimination protections to cover gender identity, but court rulings have hindered these efforts.
Observers say the legal and political landscape surrounding transgender rights in the U.S. will continue to evolve, with implications for future legislation and court rulings.
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