South Dakota BANS TRANSGENDERISM In Sports, Upholds Biological Sex

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Biological Sex Upheld In South Dakota Sports 

A new law signed in South Dakota on February 3, 2022, has officially banned so-called "transgender" athleticism in the state. Under the new law, male and female players will be determined by their biological sex and not their so-called "sexual identity," making it impossible for boys to compete as girls and girls to compete as boys.

Furthermore, the bill, SB 46, codifies into state law the ability for students harmed by transgender competitors in schools to sue the school for forcing them to compete against a transgender person who harmed them. Additionally, the bill states that if a player is "subjected to retaliation" by a school, school district, school organization, or college, for reporting the school for violating the new law, then the student can sue the school. 


Free Legal Counsel For Discrimination By Dissenters To Transgender Sports

The same is also true for schools or even school districts who are harmed by transgender competitors in sports. However, the bill reportedly absolves government involvement in the enforcement process, leaving it up to the students or schools to get the ball rolling. However, once a student reports the school, the law states the student shall will receive a free legal representation from the South Dakota Department of Justice.

Alliance Defending Freedom Legal Counsel Christiana Holcomb commented on the passage of the bill, marking it a big win for fair competition in sports and against unfair discrimination by universities for students who do not agree with transgender athletes. 

Holcomb said in a press release "Girls deserve equal opportunities to experience the thrill of victory. We welcome South Dakota to the growing number of states that are ensuring their female athletes won’t be spectators in their own sports. When schools and society ignore biological differences between the sexes, it’s girls and women who pay the price. In athletics, girls are losing medals, podium spots, public recognition, and opportunities to compete. We commend the legislature and governor for supporting this important legislation, which ensures that female athletes from kindergarten to college will not face those losses in South Dakota."

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