South Dakota Same-Sex School Facilities Initiative (2018)

South Dakota Same-Sex School Facilities Initiative
Election date November 6, 2018
Topic LGBT issues
Status Not on the ballot
Type State statute	Origin Citizens
List of South Dakota measuresSouth Dakota Constitutional Amendment Y - JuneSouth Dakota Constitutional Amendment WSouth Dakota Constitutional Amendment XSouth Dakota Constitutional Amendment ZSouth Dakota Initiated Measure 24South Dakota Initiated Measure 25Submit

The South Dakota Same-Sex School Facilities Initiative was not put on the ballot in South Dakota as an initiated state statute on November 6, 2018.

The measure would have required students to use bathrooms and locker rooms designated for their biological sex, and would stipulate that schools may provide a different accommodation for any student whose gender identity does not match their biological sex.

Text of measure

Ballot title

The ballot title for the initiative was as follows:

“

An initiated measure requiring students to use rooms designated for the same biological sex, and requiring public schools to provide a reasonable accommodation for students whose gender identity is not the same as their biological sex.

”

Ballot summary

The ballot summary was as follows:

“

The initiated measure applies to the use of public elementary and secondary school restrooms, locker rooms, and shower rooms that are accessible by multiple students at the same time. These rooms must be designated for and used only by students of the same biological sex. "Biological sex" means the physical condition of being male or female as determined by a person's chromosomes and anatomy as identified at birth. In addition, when participating in an off-campus school activity, any public school student needing to undress while in the presence of other students must do so in a room designated for that student's biological sex. If any student claims that the student's gender identity is different from the student's biological sex, and the student's parent consents in writing, then a public school district must provide the student with a reasonable accommodation. That accommodation cannot include a student restroom, locker room, or shower room in which students of the opposite biological sex are present or could be present. A reasonable accommodation cannot be one that imposes an undue hardship on the school district. If the measure is approved, it may be challenged in court.

”

Support

Supporters

The Committee to Ensure Student Privacy sponsored this initiative.

Opposition

Opponents

• American Civil Liberties Union

Background

HB 1008

This initiative closely resembles a bill passed in the South Dakota legislature, HB 1008. The bill was vetoed by Governor Dennis Daugaard (R) in March 2016.

Text

The text for HB 1008 was as follows:

ENTITLED, An Act to restrict access to certain restrooms and locker rooms in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That chapter 13-24 be amended by adding a NEW SECTION to read: The term, biological sex, as used in this Act, means the physical condition of being male or female as determined by a person's chromosomes and anatomy as identified at birth. Section 2. That the code be amended by adding a NEW SECTION to read: 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. Section 3. That the code be amended by adding a NEW SECTION to read: If any student asserts that the student's gender is different from the student's biological sex, and if the student's parent or guardian consents to that assertion in writing to a public school administrator, or if the student is an adult or an emancipated minor and makes the assertion in writing to a public school administrator, the student shall be provided with a reasonable accommodation. 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. The requirement to provide a reasonable accommodation pursuant to this section does not apply to any nonpublic school entity.

Votes

House vote

January 27, 2016

South Dakota HB 1008 House Vote
Result		Votes	Percentage
a Yes		58	85.3%
No		10	14.7%

Senate vote

February 16, 2016

South Dakota HB 1008 Senate Vote
Result		Votes	Percentage
a Yes		20	57.1%
No		15	42.9%

Polls

See also: Ballotpedia's approach to covering polls

United States voters

A national survey conducted by YouGov in June 2015 asked respondents the following question:

“

Do you think that transgender people should be allowed to use public restrooms, dressing rooms and locker rooms designated for a different gender than the one they were assigned at birth?

”

YouGov Nationwide Transgender Survey
Poll	Yes	No	Not sure	Margin of error	Sample size
YouGov/Huffington Post 6/3/2015 - 6/4/2015	37%	38%	25%	+/-4.1	1,000
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in South Dakota

In South Dakota, supporters must send proposed initiatives to the South Dakota Legislative Research Council (LRC) for review. Proponents then send the proposal to the attorney general's office to have a ballot title and summary drafted. This information is forwarded to the secretary of state. Supporters can start signature collection as early as two years before the targeted election, and signatures must be submitted at least one year before the targeted election. Signature requirements in South Dakota are based on the total number of votes cast in the state's most recent gubernatorial election. A number of signatures equal to 5 percent of this total are necessary for qualifying initiatives for the 2018 ballot. Supporters needed to collect and submit at least 13,871 valid signatures by November 6, 2017, in order to qualify an initiative for the 2018 ballot. Since no signatures were submitted by the deadline, the measure was not put on the 2018 ballot.

The South Dakota Legislative Research Council received the proposed initiative on October 7, 2016, and provided comments. The attorney general's office issued a ballot title and summary on November 21, 2016. Supporters needed to collect and submit at least 13,871 valid signatures by November 6, 2017, in order to qualify the initiative for the 2018 ballot.

See also

2018 measures

• 2018 ballot measures
• LGBT issues on the ballot

South Dakota

• South Dakota ballot measures
• South Dakota ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls