Thursday, March 03, 2016

Why Did He Veto The Bill?

In South Dakota Governor Daugaard vetoed the bill that would have required trans students to use the bathroom and locker rooms of their birth gender. His decision surprised many people, including myself and there is a discussion going on as to the reason he vetoed the bill. Some say it was because of his libertarian inclinations but he was originally in favor of the bill, Business Insider reported that,
Republican Gov. Dennis Daugaard, who initially reacted positively to the proposal but said he needed to research the issue, rejected the bill Tuesday after groups such as the American Civil Liberties Union and the Human Rights Campaign insisted it was discriminatory.
Others say it was because he met with trans students and it was them. The Washington Post asked “Did meeting transgender activists lead South Dakota’s governor to veto bathroom law?” and they write,
So before he made his decision, Daugaard sat down with three transgender South Dakotans in his office in Pierre.

One of them was Kendra Heathscott, a 22-year-old transgender woman from Sioux Falls, who informed Daugaard that he had, in fact, met a transgender person. Heathscott, who was born male, participated in a day program at the Children’s Home Society a dozen years ago when Daugaard ran it, and she recalls Daugaard eating lunch with her and other children and sitting in the audience as she sang “Joyful, Joyful.”
[...]
“The goal was to go in there and humanize and give a face to the people who he potentially could be impacting,” Heathscott said. Shortly after the meeting, she said she believed the governor was listening.

“I think he was moved. I hope so,” Heathscott said.
Was that the reason that he vetoed the bill? Did the kids persuaded him? Or was it the fact that he realized  that the state could lose hundreds of millions of dollars in federal education funding and the possibility of endless law suits? The Business Insider went on to say,
In his veto message, Daugaard said the bill "does not address any pressing issue" and that such decisions were best left to local school officials. He also noted that signing the bill could create costly liability issues for schools and the state. The ACLU had promised to encourage legal action if the bill became law.
[…]
Supporters said the proposal was a response to changes in President Barack Obama administration's interpretation of the federal Title IX anti-discrimination law related to education. Federal officials have said barring students from restrooms that match their gender identity is prohibited under Title IX.
[…]
Heather Smith, executive director of the ACLU of South Dakota, said Tuesday that had the governor signed the bill, schools would have been forced to choose whether follow state or federal law. She also said her organization would have encouraged any student harmed by the new law to file a federal civil rights complaint.
Did he realize that the law would put the squeeze on the local school districts and involve the schools in an endless court battles?

One thing that is certain is that we will never know the true reason why he vetoed the bill. But the fight isn’t over
With transgender bill vetoed, now come the lawsuits?
Argus Leader
By Dana Ferguson
March 2, 2016

Supporters of a bill that would have barred transgender students from using bathrooms that don't match their biological sex said in the wake of Gov. Dennis Daugaard's veto there could be legal action.

The bill's supporters said lawsuits could be imminent in school districts that allow transgender students to use bathrooms of the gender with which they identify. Currently, school districts across the state accommodate transgender students at a local level.
[…]
Norman Woods, a lobbyist for conservative Christian group Family Heritage Alliance Action, said he'd heard from several families considering legal action based on existing policies.



Update 1:30 PM

The South Dakota House will vote to override the Governor's veto this afternoon!

It never ends.

Update 3:55 PM

The House failed to override the veto!

The Washington Blade reported...
The South Dakota House of Representatives on Thursday failed to override the veto of a bill that would ban transgender students from using restrooms in public schools that are consistent with their gender identity.

Supporters of House Bill 1008 needed two-thirds of lawmakers to vote in favor of overriding Republican Gov. Dennis Daugaard’s veto earlier this week. The effort failed by a margin of 36-29. 

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