SD Lawmakers Call Transgender People Twisted & Mentally Ill
At a legislative coffee event held on Saturday several South Dakota lawmakers promoted HB 1008 arguing that transgender people are “twisted” and mentally ill. The legislation in question mirrors many other so-called ‘bathroom bills’ across the nation that would restrict bathroom use for transgender individuals based on their “genetic” anatomy or physical anatomy at the time of inspection.
The legislation targets transgender students by singling them out for discrimination in violation of Title IX. According to the bill,
Every restroom, locker room, and shower room located in a public elementary or secondary school that is designated for student use and is accessible by multiple students at the same time shall be designated for and used only by students of the same biological sex. In addition, any public school student participating in a school sponsored activity off school premises which includes being in a state of undress in the presence of other students shall use those rooms designated for and used only by students of the same biological sex.
That’s not to say the legislation doesn’t make a concerted effort to circumvent federal law protecting transgender students from targeted discrimination:
A reasonable accommodation is one that does not impose an undue hardship on a school district. A reasonable accommodation may not include the use of student restrooms, locker rooms, or shower rooms designated for use by students of the opposite biological sex if students of the opposite biological sex are present or could be present. A reasonable accommodation may include a single-occupancy restroom, a unisex restroom, or the controlled use of a restroom, locker room, or shower room that is designated for use by faculty.
Which is to say, the South Dakota GOP wants to unduly burden transgender students based solely on their gender identity. And the coffee event demonstrated the hate-filled animus and fear behind the legislation.
The New Civil Rights Movement transcribed some of the worst of the statements from the event (video here):
“It is already a crime for a male to expose himself in front of a female. They can call it she, he, whatever … as long as they have male anatomy, they are in violation of that law, if nothing else.”
— Rep. Jim Stalzer (R-Sioux Falls)“If you’re a boy, you go to the boys’ room. If you’re a girl, you go to the girls’ room. If you’re one of the unfortunate people that don’t really know, then you go to a separate bathroom.”
— Rep. Mark Willadsen (R-Sioux Falls)“I’m sorry if you’re so twisted you don’t even know who you are, a lot of people are. It’s about protection to kids. I don’t even understand where our society is these days … they’re treating the wrong part of the anatomy. They ought to be treating it [psychologically].”
— Sen. David Omdahl (R-Sioux Falls)“Having served on the Board of Mental Illness for twenty-five-or-so years … for us to perpetuate confusion in the lives of anyone is a disservice for them … it is an epidemic at this point, the way it’s being discussed, but the fact is it’s a choice of lifestyle.”
— Rep. Steven Haugaard (R-Sioux Falls)“I got a phone call this morning from … a guy … in District 13. First time I ever had a call. He was very upset with me for voting for this bill. He wanted to know my reasoning. I brought up locker rooms, the girl’s locker room, and I asked if he would like to go. Basically, he said ‘thanks I understand it now.'”
— Rep. Arch Beal (R-Sioux Falls)
While the GOP lawmakers in the South Dakota legislature are free to hold prejudices, they should not be representing their state using those beliefs and not the law and science (both of which contradict them). The DSM (which catalogs all mental disorders) does not classify being transgender as a mental illness nor does the respected psychological or medical community consider it one.
Furthermore, as we mentioned above, Title IX prohibits states and schools from targeting students based on their gender identity for discrimination.
Should these transphobia legislators get their way and pass HB 1008 into law, schools across the state could risk losing all federal funding in addition to facing federal civil rights discrimination lawsuits. And those lawsuits could bankrupt schools already struggling after losing federal funding.
That seems to matter little to the conservative men with an axe to grind: the legislation passed the South Dakota House with a 58-10 vote and sails over to the state Senate.
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Tim Peacock is the Managing Editor and founder of Peacock Panache and has worked as a civil rights advocate for over twenty years. During that time he’s worn several hats including leading on campus LGBT advocacy in the University of Missouri campus system, interning with the Colorado Civil Rights Division, and volunteering at advocacy organizations. You can learn more about him at his personal website.
