I thought she sent it back to the legislature because the way the bill was written it could be used in litigation of students who were denied selection to athletics over others who used steroids and enhancers during try outs, even if the same gender. And I agree at the high school level it’s inappropriate to put high school kids through that kind of litigation and accusation.
"Previously the bill stated: “A team or sport designated as being female is available only to participants who are female, based on their biological sex…”
Noem’s edit: “A team or sport designated as being female is available only to participants who are female, based on their biological sex, as reflected on the birth certificate or affidavit provided upon initial enrollment…”
According to South Dakota administrative law, any individual can make amendments to vital records (which would include changing an individual’s sex on a birth certificate) as long as the individual presents an “affidavit of correction.” The National Center for Transgender Equality verifies as much on their website.
In other words, under Noem’s proposed changes, a biological male would easily be able to participate in women’s sports in South Dakota (even in K-12) as long as he files the proper paperwork."
I thought she sent it back to the legislature because the way the bill was written it could be used in litigation of students who were denied selection to athletics over others who used steroids and enhancers during try outs, even if the same gender. And I agree at the high school level it’s inappropriate to put high school kids through that kind of litigation and accusation.
"Previously the bill stated: “A team or sport designated as being female is available only to participants who are female, based on their biological sex…”
Noem’s edit: “A team or sport designated as being female is available only to participants who are female, based on their biological sex, as reflected on the birth certificate or affidavit provided upon initial enrollment…”
According to South Dakota administrative law, any individual can make amendments to vital records (which would include changing an individual’s sex on a birth certificate) as long as the individual presents an “affidavit of correction.” The National Center for Transgender Equality verifies as much on their website.
In other words, under Noem’s proposed changes, a biological male would easily be able to participate in women’s sports in South Dakota (even in K-12) as long as he files the proper paperwork."