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South Dakota

S.D. governor ‘sad’ most LGBTQ people have suffered anxiety, depression

Kristi Noem signed bill banning trans athletes from school sports teams

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South Dakota Republican Gov. Kristi Noem (Screenshot via YouTube)

During her weekly press conference Thursday, South Dakota Republican Gov. Kristi Noem was asked by a reporter her opinion of the fact that nearly 90 percent of the LGBTQ community in South Dakota reported dealing with anxiety or depression.

ā€œI donā€™t know,ā€ Noem responded. ā€œThat makes me sad, and we should figure it out.ā€

Critics were quick to point out that the governor’s answer was disingenuous since she had helped draft, pass, and then sign into law Senate Bill 46, which bans trans youth from participating in school sports consistent with their gender identity. With her signature, she became the first governor to sign discriminatory anti-transgender legislation into law in 2022.

One high profile opposition response came in the form of a Tweet from Principal White House Deputy Press Secretary Karine Jean-Pierre, who wrote: “Hereā€™s a start for you, governor. 1. Donā€™t advance policies that attack trans youth, 2. Donā€™t fund ads attacking LGBT youth, 3. support @POTUSā€™ agenda to enhance support for youth mental health needs, with funding made available through the American Rescue Plan.”

The question to the governor was attributed to a recent report by HelpAdvisor, a health and health care coverage assistance site, that analyzed rates of anxiety and depression among LGBTQ people across the U.S. At 87 percent, South Dakota had the highest rate of LGBTQ residents reporting those mental health conditions, compared to 63 percent nationally.

According to the Trevor Projectā€™s 2021 National Survey on LGBTQ Youth Mental Health, 42 percent of LGBTQ youth seriously considered attempting suicide in the past year, including more than half of trans and non-binary youth. However, LGBTQ youth who had access to spaces that affirmed their sexual orientation and gender identity ā€” including schools ā€” reported lower rates of attempting suicide than those who did not.

A recent poll conducted by Morning Consult on behalf of the Trevor Project found that 85 percent of trans and non-binary youth ā€” and two-thirds of all LGBTQ youth (66 percent) ā€” say recent debates about state laws restricting the rights of trans people have negatively impacted their mental health. When asked about proposed legislation that would require schools to tell a student’s parent or guardian if they request to use a different name/pronoun or if they identify as LGBTQ at school, 56 percent of trans and non-binary youth said it made them feel angry, 47 percent felt nervous and/or scared, 45 percent felt stressed, and more than 1 in 3 felt sad.

Noem gives legislative update: Feb. 17, 2022

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South Dakota

S.D. bans gender-affirming medical care for transgender youth

Republican Gov. Kristi Noem signed HB 1080 on Monday

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Republican South Dakota Gov. Kristi Noem (Screen capture via NBC News YouTube)

Ignoring the warnings of families, advocates, health care providers, and transgender South Dakotans themselves; South Dakota Republican Gov. Kristi Noem signed a law banning gender-affirming health care for any transgender person under 18 Monday.

The American Civil Liberties Union and the ACLU of South Dakota issued the following joint statement:

ā€œToday is a heartbreaking and tragic day for thousands of South Dakotans and their families. This ban wonā€™t stop South Dakotans from being trans, but it will deny them critical support that helps struggling transgender youth grow up to become thriving transgender adults. But make no mistake ā€” this fight is not over. We will never stop fighting for the right of trans youth to get the love, support and care that every young person deserves. As much as Gov. Noem wants to force these young people to live a lie, we know they are strong enough to live their truth, and we will always fight for communities and policies that protect their freedom to do so.ā€

South Dakota is the fourth state in the country and the second state this legislative session to ban gender-affirming care for trans youth after UtahĀ passed a similar banĀ last month. Similar laws in Alabama and Arkansas are currently enjoined by federal courts.

The Trevor Project, the leading suicide prevention organization for LGBTQ young people, condemned the signage of House Bill 1080 into law, a bill banning doctors from providing best-practice medical care to trans and nonbinary youth.

ā€œThis ban denies transgender and nonbinary youth crucial support and care. Even in the face of professional guidance from every major medical and mental health association in the country that supports this type of care, politicians are intruding into the private medical decisions best left to transgender young people and their families,ā€ said Casey Pick, director of law and policy for the Trevor Project. ā€œWe are committed to keep fighting for the rights of young trans South Dakotans to access the best-practice, medically necessary health care they need to survive and thrive. We are here for you and we arenā€™t going anywhere.ā€

The Trevor Projectā€™s 2022 U.S. National Survey on LGBTQ Youth Mental Health by State found that 53 percent of LGBTQ youth in South Dakota seriously considered suicide in the past year, and nearly 1 in 5 (19 percent) made an attempt.

At a national level, the Trevor Projectā€™s data has found that 71 percent of trans and nonbinary youth reported that they have experienced discrimination based on their gender identity, and those who have reported significantly higher rates of attempting suicide in the past year compared to those who have not.Ā 

However, research has also consistently found that transgender medical care, is associated with positive mental health outcomes including showing promise for reducing suicide risk.

A 2021 peer-reviewed study by the Trevor Project, the first large-scale study of more than 9,000 youth who received gender-affirming hormone therapy, found that GAHT was significantly related to lower rates of depression, suicidal thoughts and suicide attempts among trans and nonbinary youth. Specifically for young people under age 18, receiving GAHT was associated with nearly 40 percent lower odds of recent depression and of a past-year suicide attempt.Ā 

According to the Trevor Projectā€™s new polling, 86 percent of trans and nonbinary youth say recent debates about state laws restricting the rights of trans people have negatively impacted their mental health. When asked about new policies that will ban doctors from providing gender-affirming medical care to trans and nonbinary youth, 74 percent of trans and nonbinary youth said it made them feel angry, 59 percent felt stressed, 56 percent felt sad, 48 percent felt hopeless, 47 percent felt scared, 46 percent felt helpless and 45 percent felt nervous.

Further, a 2022 poll conducted by Morning Consult on behalf of the Trevor Project found that a majority of adults agree that trans minors should have access to gender-affirming hormone therapy (55 percent) and puberty blockers (52 percent) if itā€™s recommended by their doctor and supported by their parents.

Only 1 in 3 adults polled said lawmakers should have the ability to outlaw gender-affirming medical care for minors even if such a ban is against the recommendation of doctors and major medical associations.

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South Dakota Governor Kristi Noem signs first anti-Trans bill of 2022 into law

ā€œSB 46 attempts to solve a problem that doesn’t exist- slamming the door shut for Trans student athletes to fully participateā€

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Republican Governor of South Dakota Kristi Noem (Photo Credit: Office of the Governor)

The Republican Governor of South Dakota, Kristi Noem signed Senate Bill 46 into law Thursday effectively keeping Trans students, especially Trans women and girls, from playing on women’s and girls sports teams which would affirm their gender identity.Ā 

The Trevor Project, the worldā€™s largest suicide prevention and crisis intervention organization for lesbian, gay, bisexual, transgender, queer & questioning (LGBTQ+) young people, condemned Noem for signing what the organization is listing as the first anti-transgender bill of the year into law in the nation.

ā€œAt a time when young people are facing an unprecedented need for support, it is devastating to see politicians instead invent new ways to exclude them,ā€ said Sam Ames, Director of Advocacy and Government Affairs at The Trevor Project. ā€œWe want to remind every young trans person watching tonight that there are more people fighting for you than against you. We have your back, and we will continue working with our partners and advocates on the ground to challenge these laws and ensure that all youth have the support they need to survive and thrive.ā€

The Argus Leader, the daily newspaper of Sioux Falls, South Dakota, reported that opponents of this legislation say itā€™s likely to bring a lawsuit. The text of the bill states that any student suffering direct or indirect harm as a result of a violation of the bill can sue the district or university; the state attorney general will represent the school, district or college thatā€™s sued.

SB 46 was first heard in the Senate State Affairs committee last month, where it passed on an 8-1 vote. The sole dissenter was Sen. Troy Heinert, who said it would send a message that trans children arenā€™t welcome in the state, the Argus Leader also noted.

According to a recent poll conducted by Morning Consult on behalf of The Trevor Project, 85% of transgender and nonbinary youth ā€” and two-thirds of all LGBTQ youth (66%) ā€” say recent debates about state laws restricting the rights of transgender people have negatively impacted their mental health.

When asked about new policies that would ban transgender girls from playing on girls’ sports teams and transgender boys from playing on boys’ sports teams, 74% of transgender and nonbinary youth said it made them feel angry, 57% felt sad, 43% felt stressed, and nearly 1 in 3 felt scared.

When the bill was being considered in the House State Affairs committee, it passed on an 11-2 vote, but not without arguments from Noemā€™s general counsel and chief of staff Mark Miller who said transgender peoplesā€™ participation in sports is akin to terrorism.

ā€œSenate Bill 46 attempts to solve a problem that does not exist while slamming the door shut for transgender student athletes to fully participate in their school communities,ā€ said Jett Jonelis, ACLU of South Dakota advocacy manager. ā€œTransgender students participate in sports for the same reasons other young people do: to challenge themselves, to stay fit and healthy and to be a part of a team. Trans studentsā€™ humanity, dignity, and ability to be full members of their school communities should never be up for debate like this.ā€

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South Dakota Gov. Kristi Noem proposes anti-Trans sports bill

Noemā€™s draft legislation would codify two executive orders ā€“ one for K-12 students and the other for the collegiate level.

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South Dakota Republican Gov. Kristi Noem (Blade screenshot via Forbes YouTube)

PIERRE ā€“ Months after vetoing an anti-trans sports bill, South Dakota Republican Gov. Kristi Noem proposed legislation last week to bar trans women and girls from playing sports. 

Noemā€™s draft legislation would codify two executive orders ā€“ one for K-12 students and the other for the collegiate level ā€“ she wrote shortly after vetoing a state Republican anti-trans sports bill. 

Her first order stated that ā€œonly females, based on their biological sex, as reflected on ther birth certificate or affidavit provided upon initial enrollmentā€ can participate in womenā€™s school sports. The second made a similar declaration for college sports. 

According to the Sioux Falls Argus Leader, South Dakota High School Activities Association still allows trans student-athletes to compete.

The proposed bill also states that if an athlete suffers direct or indirect harm due to violation of the legislation, that student has a private cause of action for relief against the school, athletic organization or college that caused the harm.

The two executive orders came after Noem praised but vetoed anti-trans legislation that the Republican-controlled state legislature passed, fearing the NCAA would take the state to court over the bill. 

ā€œThis legislation does not have the problematic provisions that were included in last yearā€™s House Bill 1217,ā€ Noem said in a press release. ā€œThose flawed provisions would have led to litigation for our state, as well as for the families of young South Dakota athletes ā€“ male and female alike.ā€

The American Civil Liberties Union (ACLU) of South Dakota condemned Noemā€™s proposed legislation, calling it a solution in search of a problem. 

ā€œLetā€™s be clear: Noemā€™s proposed legislation is an attack on transgender women and girls,ā€ wrote Jett Jonelis, Advocacy Manager for the ACLU of South Dakota.

According to the organization, the bill is also illegal, violating the United States Constitution and Title IX of the Civil Rights Act, which protects students ā€“ including trans ones ā€“ from sex discrimination. 

ā€œThis proposed legislation is clearly fueled by a fear and misunderstanding of transgender people in our state,ā€ Jonelis said.

Noem claimed that the bill was ā€œabout fairness,ā€ saying: ā€œEvery young woman deserves an equal playing field where she can achieve success, but common sense tells us that males have an unfair physical advantage over females in athletic competition. It is for those reasons that only girls should be competing in girlsā€™ sports. Women have fought long and hard for equal athletic opportunities, and South Dakota will defend them, but we have to do it in a smart way.ā€

However, Jonelis said that if Noemā€™s concerns were really about ā€œfairnessā€ in womenā€™s sports, she would ā€œtackle the actual threats to womenā€™s sports such as severe underfunding, lack of media coverage, sexist ideologies that suggest that women and girls are weak, and pay equity for coaches.ā€

ā€œNobody wins when politicians try to meddle in peopleā€™s lives like this,ā€ Jonelis continued. ā€œNobody wins when we try to codify discrimination like this. Legislation like Noemā€™s proposed bill has been discussed and defeated before. Itā€™s time to move on.ā€

The bill is the eighth attempt to ban trans athletes from competing in sports in accordance with their gender identity, according to the ACLU of South Dakota. All of the proposals failed. 

The next legislative session in South Dakota begins on January 11, 2022.

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