SOUTH DAKOTA — Today, the South Dakota legislature voted to kill the changes made by South Dakota Governor Kristi Noem’s style-and-form veto of HB 1217, the anti-transgender sports ban bill that she had previously expressed excitement about signing. While this temporarily ends the threat of this legislation, Governor Noem has threatened a special session to address this made up problem. Noem took objection to the inclusion of collegiate sports in the participation ban, citing fears of economic repercussions due to the NCAA’s previous threats to pull tournaments and events from states that pass anti-LGBTQ and specifically anti-transgender laws. Noem also feared potential litigation — a burden that would fall on taxpayers to fund, calling the bill “a trial-lawyer’s dream.” A similar bill is currently facing litigation in Idaho. Noem’s earlier backtrack, by even an extreme governor with national political aspirations, exposes the economic, legal, and reputational threats these bills pose to other states considering anti-transgender legislation.
