"In South Dakota, only females, based on their biological sex, as reflected on their birth certificate..."
This is separate from House Bill 1217 that was initially passed through South Dakota legislature earlier this month. This bill reportedly included a requirement that student-athletes would have to sign a document stating their biological sex.
A little over a week since it went to Noem’s desk, she sent it back to lawmakers for “style and form” changes. It was done, according to her, on the grounds of language surrounding drugs being too vague (gender transition vs. performance enhancement), the burden placed on public schools, and how college-level enactment of the bill would work when considering the national stage.
The voting for HB 1217 also took place today. It fell two votes short of the 47 necessary from the state house floor. As it stands, the bill is dead.
While HB 1217 may be dead, the Governor of South Dakota released a pair of executive orders maintaining the spirit of what the bill aimed for.
Governor Kristi Noem made the announcement after the South Dakota legislature denied accepting Noem’s proposed revisions to the bill.
Only girls should play girls’ sports. Given the legislature’s failure to accept my proposed revisions to HB 1217, I am immediately signing two executive orders to address this issue: one to protect fairness in K-12 athletics, and another to do so in college athletics. (1/3)
— Governor Kristi Noem (@govkristinoem) March 29, 2021
There’s two versions. One for K - 12 schools and one for colleges. Both the Executive Orders start off by saying "In South Dakota, only females, based on their biological sex, as reflected on their birth certificate..." shall be able to participate in any girls' or women's sports at their school or college. In the former the Department of Education is tasked with implementing standards across public schools in the state, while in the latter’s case it’s up to the Board of Regents.
Noem also announced a special legislative session slated for “late May or early June” to address the matter (alongside other topics of importance).
Recently Fox News host Tucker Carlson had Governor Noem on for an interview and publicly roasted her for what appeared to be a backing down after expressing high levels of excitement at signing.
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