Rep. Fred Deutsch’s potty bill is still a paranoid monstrosity, but at least it won’t cost the state as much. House Bill 1008 survived its first hearing today in House State Affairs, with one important amendment.
HB 1008 still discriminates against transgender South Dakotans by assigning bathrooms, locker rooms, and showers according to biological sex as determined by chromosomes and the doctor’s call at birth. It still bans transgender students from using the public plumbing of their choice and requires public school administrators to discriminate against those students by providing them separate but equal accommodations. It still lets nonpublic schools discriminate deny such accommodations to transgender students completely.
But thanks to Jeromy Pankratz from the Attorney General’s office, HB 1008 no longer obligates the Attorney General to represent public schools in any lawsuits arising from schools telling girls that they are really boys or boys that they are really girls. Evidently Pankratz said that requirement, Section 4 of HB 1008, could have landed the AG on both sides of a lawsuit. House State Affairs complied by striking Section 4.
HB 1008 as amended passed 10–3 and moves to the full House.