South Dakota may have their own HB2, again

Illustrated rainbow pride flag on a pink background.

South Dakota voters may soon be voting about whether transgender school students should have to use the bathrooms that correspond to their sex at birth.

Attorney General Marty Jackley said that if campaigners get enough signatures it would be included on the ballot in 2018.

The bill is similar to HB2 in North Carolina of which two candidates for Governor recently came to clashes over.

This comes after South Dakota’s mayor vetoed a similar bill earlier in the year after it had passed the state senate; Caitlyn Jenner supported the campaign for the veto.

AP reported that the ballot sponsor Jack Heyd “wants to protect children and ensure that students have privacy. He fears people going into bathrooms for “nefarious” reasons.”

If the vote ends in favour it will mean that schools will have to ensure “reasonable accommodation” for transgender students.

This could be single occupancy bathrooms or “controlled use” of staff facilities.

Terri Bruce, a 53 year old transgender man who campaigned against the previous bill told AP that these regulations would set up students to be bullied.

He said: “I just ask people give my community a fair shot at giving a different perspective.”

Heather Smith, the executive director of the American Civil Liberties Union of South Dakota, told AP that it is a “shameful attempt” to put discrimination into state law.

The AP have reported that it is likely that a similar bill will enter during 2017 once the new session in January has started.