South Dakota Restricts Transgender Participation in Female Sports
Pierre, South Dakota – In February 2022, Governor Kristi Noem signed Senate Bill 46 (SB 46) into law, regulating eligibility for female athletic teams in South Dakota's state-accredited schools. The legislation specifies that participation on teams designated for females is reserved for athletes assigned female at birth.
Rationale and Support for the Law
Supporters of SB 46 argue that inherent physiological differences between biological males and females, such as bone density and muscle mass, create competitive advantages. They contend that allowing transgender women (individuals assigned male at birth who identify as female) to compete on female teams compromises fair competition and limits opportunities for cisgender female athletes. Governor Noem actively championed this view.
Governor Noem stated at the time of signing, 'This bill is about fairness. It's about ensuring that girls have the opportunity to compete on a level playing field... We must protect women's sports for our daughters and granddaughters.'
Key Provisions of Senate Bill 46
- Requires designation of school athletic teams based on biological sex assigned at birth (female, male, or coed).
- Restricts participation on teams designated 'female' to individuals assigned female sex at birth.
- Applies to state-accredited K-12 schools and postsecondary institutions receiving state funds.
Divided Reactions and Ongoing Debate
The enactment of SB 46 drew strong reactions. Proponents praised the law as a necessary step to protect female athletes. Conversely, civil rights organizations and LGBTQ+ advocates, such as the ACLU of South Dakota and the Human Rights Campaign (HRC), condemned the law as discriminatory and harmful to transgender students.
Organizations focused on preserving traditional distinctions in sports stated support, echoing sentiments like, 'We commend Governor Noem for prioritizing fairness. This law helps ensure female athletes compete on a level playing field without facing advantages rooted in biological sex.'
National Context and Future Implications
South Dakota joined several other states in enacting legislation regarding transgender athletes in school sports. The implementation of SB 46 and potential legal challenges remain subjects of observation. The broader national conversation about balancing inclusion, fairness, and transgender rights in athletics continues.