Governor Noem Enacts 'Fairness in Women's Sports' Law (SB 46)
PIERRE, SD – South Dakota Governor Kristi Noem signed Senate Bill 46 into law, legislation designed to regulate participation in female school sports leagues. Passed by the state legislature, the law stipulates that student-athletes must compete on teams corresponding to their biological sex assigned at birth. Supporters champion the law as crucial for protecting opportunities for female athletes.
Aiming for a Level Playing Field
Governor Noem strongly advocated for the bill, asserting that biological differences give males inherent advantages in athletic competition. "This bill ensures that girls and women in South Dakota can compete on a level playing field for generations to come," Noem remarked at the signing. "Protecting fairness in women's sports is vital for upholding competitive integrity based on biological reality."
Proponents emphasize that biological differences, such as average bone density, muscle mass, and lung capacity, create performance advantages for individuals born male, regardless of subsequent hormone therapy. The law intends to address these physiological differences to prevent female athletes from being competitively disadvantaged.
Divided Reactions: Support and Opposition
The legislation received strong backing from conservative organizations and some women's sports advocates. Groups like Concerned Women for America and the Family Policy Alliance commended the governor and legislature. "This represents a victory for common sense and preserves the integrity of women's athletics," stated a Concerned Women for America representative.
Conversely, LGBTQ+ advocacy groups and civil rights organizations vehemently oppose the law, labeling it discriminatory and detrimental to transgender youth. Critics argue it unjustly excludes transgender girls and women from sports, fostering stigma. "This harmful law sends a clear message that transgender individuals are unwelcome and unworthy of participation in South Dakota," expressed an ACLU spokesperson.
Anticipated Legal Battles

Similar laws enacted in other states have promptly faced legal challenges, and SB 46 is expected to follow suit. Opponents often argue these laws violate Title IX, the federal statute prohibiting sex-based discrimination in education. Supporters counter that the law aligns with Title IX's original intent to secure equal athletic opportunities for females.
Path Forward

The implementation and enforcement of South Dakota's law will be closely monitored nationwide. The outcomes of impending legal challenges could significantly shape the landscape for transgender athletes in school sports across the United States, with advocates on both sides preparing for sustained legal discourse.
Further Information

- South Dakota Legislative Research Council: SB 46 Bill Information
- Concerned Women for America: Position on Women's Sports
- ACLU: Information on Transgender Rights and Legislation