Attorney General Jackley Joins Challenge to Federal Government Withholding of Education Funds over Transgender

jackley-logo Marty JackleyAttorney General Jackley Joins Challenge to Federal Government Withholding of Education Funds over Transgender

PIERRE, S.D.- Attorney General Marty Jackley announced that South Dakota has joined 18 other State Attorneys General and the Governors of Kentucky and North Carolina in an amicus or “friend of the court” brief, challenging the federal government’s withholding of education funds over transgender.

“President Obama’s directive that children of opposite sex must be required to share locker rooms and bathrooms under the threat of lawsuit and withholding of education funding has been halted by a nationwide federal preliminary   injunction.

Unfortunately, the federal government continues to act on its threat by forcing this extraordinary intrusion upon our schools. The Attorneys General are again stepping forward to protect children by asking the United States Supreme Court to allow school districts to avoid placing young children of opposite sex in the same bathroom or  locker room,” said Jackley.

The brief was filed in the United States Supreme Court in the case of Gloucester County School Board v. G.G., Mother Deirdre Grimm.

The case involves a school board in Virginia making accommodations for an individual born as a girl that self identifies as a boy wanting to use the boys’ bathroom in school. The Federal District Court entered a preliminary injunction requiring the school board to allow the girl to use the boys’ bathroom after it was directed by the 4th Circuit Court of Appeals to afford controlling deference to the Department of Education and Department of Justice letter that makes it discriminatory for a school to separate male and female bathrooms, unless each student is allowed to select either bathroom in accordance with that student’s asserted gender identity. The United States Supreme Court has stayed the 4th Circuit Court mandate and the District Court preliminary injunction, pending the disposition of a petition for certiorari from the school   board.

South Dakota had previously joined 24 other states in parallel lawsuits filed in Texas and Nebraska against the U.S. Department of Education and U.S. Department of Justice. The challenge was initiated by a letter threatening states with loss of all educational funding under Title IX unless every public school in the country allowed students to select restrooms, showers and dormitories based on their expressed   gender identity. A federal district court in Texas recently entered a  nationwide preliminary injunction prohibiting the enforcement of the letter, and withholding of education funding, which applies nationally.

There is no cost for South Dakota to join these proceedings.

72 Replies to “Attorney General Jackley Joins Challenge to Federal Government Withholding of Education Funds over Transgender”

  1. Fred Deutsch

    In light of the extraordinary over-reach by the federal government since the end of the 2016 legislative session, perhaps Governor Daugaard will change his mind and not veto another bill to protect our children if introduced in the 2017 legislature.

    The bill is important because the federal government has no business telling South Dakota how we manage the bodily privacy of our children; nor does it have any business telling South Dakota who may or may not use restrooms, locker rooms and shower rooms in our public schools.

    The Student Physical Privacy Act introduced in 2016 was a simple piece of legislation. It protected the privacy of all students in South Dakota’s public schools. It required students to use showers, bathrooms and changing rooms that correspond to their sex at birth. And if a student was uncomfortable using the shower, changing room or restroom designated for them for any reason, HB 1008 required the school to make “reasonable accommodations” by providing the student access to alternate facilities, such as unisex bathrooms or private changing rooms. As a result, students that identified as transgender had more options than those who did not.

    It’s also important to note that South Dakota did not pick this fight. It was thrust upon us by bureaucrats in Washington, D.C. In order to shield local school boards from unjustified federal pressure, our state legislature voted to protect the interests of its school children in a balanced way that is sensitive to all sides of the issue.

    The people of South Dakota, like those elsewhere, are legitimately concerned about safety and privacy, especially when it comes to children, but we are also concerned about treating everyone fairly, including people dealing with gender dysphoria. The South Dakota legislature struck a balance that respects all concerned.

    I hope we can see even more support in 2017 – a veto-proof majority – and even better, I hope this time we can have the Governor on our side.

    1. Anonymous

      This is working out so well in North Carolina, I can’t wait for our holy legislators to waste our dollars and sacrifice rights in order to make a statement to the nation we are a bunch of blatant bigots. Anyone who disagrees can move away or vacation elsewhere, we don’t their support. Shame on our Governor for actually meeting and talking to the people affected before stripping their rights. I have confidence we will have enough ignorant bigots in our legislator to keep the “south” in South Dakota and again make us look like fools in the eyes of the nation.

      1. DeplorableMe

        I can tell you are very passionate about this topic so maybe you can explain to me how rights have been sacrificed. I’m quite offended that you paint such a broad stroke of bigotry over other people and wonder why you think you have the right to label individuals but no one has that same right.

        1. Daniel Buresh

          Your labels are driven by bigotry. The respect for transgenders is driven by science. These attempts to “protect” your children are nothing more than feel-good legislation to appease the bigots. If you really want to protect your children, pass legislation to not allow children to be in a church without being accompanied by a parent. Our children are more at risk by sexual predators within our churches than they are at risk with a transgender in their locker room.

          1. Anonymous

            I’ll raise my kids myself, Buresh. I don’t need the advice of someone like you or Obama or Hillary telling me what is best for my kids, because your values are driven by humanism and paganism, not by anything good, right, and moral.

            What sex do you feel like today, Buresh?

            1. Daniel Buresh

              What’s moral about diddling kids in churches while being supported by the congregational members to cover-up, hide, and avoid litigation because of?

              When you hit those pearly gates, I’m sure your God will love how you judged his children and failed to serve them in his best interests. Don’t you have someone’s bedroom to be worrying about? Maybe there is a stall you should be peaking into so you can see who is peeing next to you to resolve your insecurities? We aren’t the ones telling you how to raise your kids. Promote bigotry all you want, but it isn’t going to happen in a public domain because your fictitious being somehow supports your position through mental gymnastics.

      2. Anonymous

        Anonymous 11:57, have you decided what gender you feel like today?

        Just because you have no foundational beliefs isn’t any reason to slam those who do. I feel sorry for someone like yourself who is so confused by common sense and morality.

        Anyone who disagrees with protecting our children and, frankly, all our citizens should move away to San Francisco where lines are so blurred that there is no right or wrong in any situation. That place is a pagan hotspot, and people who have no values should feel right at home there.

        1. Daniel Buresh

          Ok Judas, If you want to stand behind your convictions, at least use your name, otherwise you are a worthless piece who can’t even stand behind the belief system you promote. Your god would be so proud of your conviction.

  2. Charlie Hoffman

    The King of Jordan (his son was the pilot burned in the cage) just stated in a CBS interview that Islamic Terrorists tried taking over Islam before and were exterminated and will be again. Yes his words and he understands as Jordan is nearing the break point with Syrian refugees. Obama has yet to use the word “Islamic Terrorist” but found the time to stuff his warped ideology on bathroom etiquette covering transgender people onto all the US States by Executive Order. Most won’t get the connection but while the rest of the worlds leaders are struggling to find solutions to real threats our President is creating threats to real Americans. So instead of spending time vetting refugees, opening up new business’s, putting meth labs out of business, coming together with a plan for energy shipping, streamlining government, fixing the health insurance fiasco, etc., etc., etc., We are dealing with bathroom issues. Unbelievable!

  3. Anonymous

    Jackley proving his pork cred? What a shocker! Fact is South Dakota is out of money for education and Marty is simply begging for more.

    1. Anonymous

      If the state is to get federal funding for education due to the centralization by the Dept of Ed (thanks, Jimmy Carter), I can see why the states should balk at social engineering by Obummer (that Obama for you, Porter) by withholding funds. It’s too bad the Republicans in DC don’t understand that they have the power of the purse to stop much of Obummer’s godless work. C’mon Thune, Rounds, and Noem, stand up and fight by not funding Obummer’s idiocy!!!!

      1. Anonymous

        It was interesting to see the Family Heritage Alliance wrapping their arms around Jackly and Krebs at their recent banquet in Sioux Falls. I got the idea that Bartscher was signaling his preferred ticket. Krebs got their award and Jackley was at his personal table.

        It would be a great ticket.

  4. Fred Deutsch

    In reference to Mr. Buresh’s comment about science, the only thing science shows is a lack of a relationship to biology.

    If you would like to learn more, I refer you to the recently released 143 page comprehensive report, “Sexuality and Gender: Findings from the Biological, Psychological, and Social Sciences” by Lawrence S. Mayer, MB, MS, PhD.

    The lead author states the report is provided “without prejudice regarding any political or philosophical debate. This report is about science and medicine, nothing more and nothing less.”

    Two take-away points:
    (1) “Studies do not provide any evidence for a neurobiological basis for cross gender identification.”
    (2) “The hypothesis that gender identity is an inmate, fixed property of human beings that is independent of the biological sex – that a person might be ‘a man trapped in a woman’s body’ or ‘a woman trapped in a man’s body’ – is not supported by scientific evidence.”

    The author concludes, “this report shows some of the most frequently heard claims about sexuality and gender are not supported by scientific evidence.”

    Of course this does not resolve the political and social controversy, but provides a solid foundation about current scientific understanding as discussions move forward.

    1. Daniel Buresh

      You will go down in history as one of the biggest disgraces to South Dakota Politics and history will look at you as a bigot. You will be forgotten, and rightfully so.

      1. Fred Deutsch

        Mr. Buresh, I provide information on the latest scientific understanding of gender dysforia. I address you with respect. Yet all you do is level Ad hominem attacks?

        1. Daniel Buresh

          You presented a bias study that every reputable health and research facility has washed their hands of. You provide only the information that supports your bigotry and expect the scientific community to take you seriously. I would guess you are probably in agreement with the less than 1% of scientists who think climate change is a con and want to promote that as the accepted standard. You can take your junk science and put it where the sun doesn’t shine. Your type doesn’t belong anywhere near an educational facility unless they are there to get a lesson.

      2. Spencer

        Daniel, you are shamefully taking advantage of troubled youth who need help, not your hate. The political poison you are preaching will push these confused students into situations that will result in bullying, rape, abuse, and suicide. But, when one is using youth for political points, I would imagine that you really don’t care what happens to transgendered students in the end. Do you? As long as they are out there promoting your ideology and willfully being your political puppets, the ends justify the means. Right? Daniel, you are a sad person. No, sexual identity change or outrageous persona is ever going to change that. You should just accept it.

        1. Daniel Buresh

          That’s classic spencer. Rather than educate people on how we are all different and should be accepted, you’d rather tell them they are a problem to avoid them from shameful future actions of what you probably consider good christian behavior. Rather than fix the intolerance, you want to accept it. Political points? I have no political aspirations other than to call out the BS in my party that is destroying itself through bigotry, racism, sexism, and lack of religious freedom. They all like to impose their religious beliefs without acknowledging we must consider all beliefs. Spencer, being called a sad person by an apparent coward isn’t going to make me lose any sleep at night.

      3. MK

        Fred will not be forgotten in this 5 generation SDakotan family or the many families surrounding us or the seniors I hear talk about this issue. He is not a disgrace or a bigot. Keep fighting the good fight Fred. Let’s pray our governor does Not veto again. Maybe DB you should look into a place that fits your life style. SD doesn’t seem to be the place you have much support for making up your own truths.

  5. Misty

    I don’t understand the headline or the first sentence of Jackley’s press release.

    “…withholding of education funds over transgender.” What is that supposed to mean? Over transgender what?

    1. Fred Deutsch

      Misty, the AG’s comment refers to the federal government’s threat to withhold federal funds to local school districts if they do not allow transgender students access to facilities of the opposite biological sex.

      Depending on the size of the school district that could potentially cost hundreds of thousands to millions of dollars. For example, during my last year on the Watertown School Board we received approximately $1.5 million from the feds out of a total General Fund budget of $22 million.

      Again, it’s a threat to withhold funds if schools do not comply with the administration’s newly authored interpretation of Title IX.

  6. Troy Jones


    Daniel is an angry person with whom civil conversation can’t occur as his anti-religion bigotry dominates his heart and mind.

    1. Daniel Buresh

      Troy, you are a political shill who can’t seem to separate fallacy and logic. You and Fred are a dying breed and you won’t be missed.

    2. Fred Deutsch

      Thank you Troy. He is useless because he doesn’t know how to have respectful, civil conversation with those he disagrees with.

    1. Fred Deutsch

      Thank you Anonymous 3:29. There is no field of scientific study that is free from disagreement. In fact, science advances based on disagreement, research and further study. The paper I referenced was the result of an exhaustive study of hundreds of scientific papers by dispassionate, apolitical scientists. In fact, the second lead author is the “former chief of psychiatry at John Hopkins and one of the leading psychiatrists in the world.” The brief newspaper op-ed piece from the three faculty at John Hopkins offers nothing to alter the study’s conclusions.

      1. Anonymous


        The Catholic Church is my spiritual home. The lobbyist for the Catholic Church in Pierre forwarded me a web address for a blog that is being used as a guide in regards to church policy in regards to those who are Transgender. That author from the blog used a movie “The Danish Girl” I believe as an example. Anyways when I read it if that is our Bishop and the Vatican is using as a guide based on what is in that article in that these people worship their bodies more than God they completely misunderstand this.

        Even if one were to get to the point where they go thru everything and that is a small minority it is more like they take care of something and just move on with their lives. Lived meaning pretty boring and mundane everyday challenges. Their spiritual faith in God is constant in many.

          1. Anonymous


            The lobbyist for the Diocese was very nice and sincere. I have not and am reluctant to see the movie “The Danish Girl referenced in that Catholic blog that was used as one of the guides in regards to interpretation and church policy. Movies like that I suspect are over dramatized for art and ticket sales rather than just normal every day life for those who few that eventually go thru the process.

        1. Fred Deutsch

          5:27, thank you for your comment. I believe it’s vital we completely respect transgender individuals. The more you study the body of research, the more it is clear the transgender community bears a disproportionate rate of mental health problems and suicide compared to the population as a whole. We must find compassionate ways to relieve their suffering while at the same time protect the privacy of everyone else. That’s the social and political challenge we face. I would be interested in learning more about the blog site you reference.

          1. Anonymous


            If I remember correctly his first name is Travis? I apologize and it has been a while but his office is at the Diocese in Sioux Falls. I was going to try and set up an appointment with our Bishop but other things came up.

            There is quite a bit of misinformation out there and sometimes there is an agenda behind certain studies on all sides of this issue. Then negative stereotypes are put out there and all the sudden it takes a life of it’s own. I feel bad about how you were portrayed in all of this and sense your intentions are good and sincere trying to understand this to the best of your ability.

            The vast majority of mental health issues, suicides are a result of the lack of understanding and really bad stereotypes put out that result in discrimination, losing family and friends and many are kicked out of their churches which just eliminates a support and cuts them off from spiritual support so many of those who are non-transgendered most likely take for granted. It is not so much the confusion but the cost.

            Regarding bathrooms and locker rooms I’d say there is a good chance that Transgender student may desire separate private facilities to use since they are very uncomfortable about their own body and not wish anyone to see it.

            Even before we get to this point there really should be a well qualified mental health professional involved that follows guidelines such as from what was the Harry Benjamin Standards.

            1. Fred Deutsch

              Yes, 6:56, Travis Benson. I worked closely with Mr. Benson as well as many other lobbyists to pass HB 1008 last session.

              The two South Dakota Catholic Bishops co-authored an important letter supporting the legislation.

              In part, they said:

              “The teaching of the Catholic Church is clear: one’s gender, male or female, is determined by God and not a matter of personal choice. Our identity as either male or female is integral to who we are as human persons. Our masculinity and femininity are not limitations to be overcome. Rather, they are gifts to be lived and shared. Each gender has its equal, complementary dignity and importance in human relationships established by God.

              Pope Francis recently noted that “the complementarity of man and woman, the pinnacle of divine creation, is being questioned by the so-called gender ideology, in the name of a more free and just society. The differences between man and woman are not for opposition or subordination, but for communion and generation, always in the image and likeness of God.”

              The issue this legislation addresses is not simply a policy about access to facilities but strikes at the heart of who we are as human persons and the reality that policies teach.”

              The full letter can be seen at

              1. Anonymous

                Could Pope Francis and our Bishops be wrong on this?

                If one is a person of faith don’t we believe that God throws a couple of curveballs at us in life to test us in a way? Might this be a test for some of us here on Earth? It is not exactly an easy road to put it mildly and I cannot imagine anyone wishing this on someone else, their family and everyone else involved.

              2. Daniel Buresh

                Fred, Did you get a letter from ISIS to hear Allah’s position on the topic? God has no business in the conversation. What does your God say about medicaid expansion? Does he say as long as you got yours, screw everyone else? Let the weak die and the strong survive because you have deemed them unworthy? How about climate change….are you willing to accept the science that isn’t even debatable anymore? How about abortion…..are you willing to accept the science behind that which makes a neurological decision no different than a biological one?

                You guys love to try and tout science when it fits your agenda, and then you try to discredit it when it doesn’t. There are so many things wrong with your intellectual dishonesty, I don’t even know where I should start. I bet your kids are embarrassed for you.

    2. Daniel Buresh

      Fred has no room for reputable sources. He promotes religious law just like islam supports sharia law. It has no business in our gov’t.

      1. Spencer

        Daniel, you are more interested in pushing your ideology over the safety of students. Look at what happened in Minnesota and other states were transgendered individuals took full advantage of their supposed gender identity to taunt and torture other students who felt unable to speak out against the individual because of the special rights given to them leveraged against others. The sad thing is that many of these transgendered students are crying out for help, and people like you are cheerleading them on into situations that are intentionally inappropriate and provocative.

      2. MK

        Goodness DB you should just shut your mouth. Medicaid expansion….get a job, get two jobs. Why should our family have to provide for yours. We work hard in this house and trust the Lord. Abortion is murder, oh I just felt our 3rd baby moving around, but since Medicaid didn’t expand better kill him. Climate change is a joke and transgenders are far more likely to commit suicide because of the disconnect the experience. You should really do more research. And NO I will not do it for you.

        1. Daniel Buresh

          No need for two jobs, I can easily take care of myself. I just feel bad for those that you have deemed unworthy. I figured good christians were taught to help those who need it, but I guess it’s easier to sit back and judge while letting them die.

          As for climate change, maybe you should see the report that was just released stating the max levels of CO2 10 years ago are now the minimums. Climate change isn’t even debatable anymore. We are talking about 99.9% of the scientific community being in agreement over it.

        2. Anonymous


          “transgenders are far more likely to commit suicide because of the disconnect the experience”

          Could you please explain this?

  7. Cliff Hadley

    Our sex is determined by our chromosomes. Our sexual behavior isn’t determined at all, but occupies the moral realm of choices and consequences. Our sex can’t be changed, while our sexuality can, and often does, change.

    So we can chop off whatever body parts we want and take powerful hormones to stimulate our bodies in various ways, but none of that can change our chromosomes. A man can call himself a woman, but he’ll always be a man. And vice versa. Bottom line: use the restroom or locker corresponding to what your chromosomes determined. That’s science talking, not bigotry.

    1. Theresa Simmons

      Do you know what chromosomes you have, Cliff? Have you had a karyotype done? If you haven’t, then no, you don’t. “XX = woman, XY = man” is such a gross oversimplification of the whole thing. That’s like middle school biology level. There are many variations that can happen. XY women, XX men, XXY, and any number of intersex conditions, which are a lot more common than people think.

      In the grand scheme of things, chromosomes don’t mean a whole lot. The presence of the Y chromosome is supposed to kick off the process of androgen production, but that’s really all it does on that front. The rest is all hormones. Our cells have the information to express traits for both sexes, and the hormones are what decide which traits are expressed, and that is fluid. That’s why hormone therapy even works in the first place. Obviously there are some changes that happen during fetal development and adolescence that can’t be reversed, but it’s still fairly effective. A trans woman who is on estrogen is a “genetic” woman in that sense, just as a trans man who is on testosterone is a “genetic” man.

      We still don’t know for sure what causes the brain to develop its gender identity, but it is believed that it happens much later in fetal development. Who are you to say that it isn’t possible for the body to develop one way and the brain to develop another? Our biology obviously isn’t perfect. It makes mistakes.

      Please don’t make the mistake of using a middle school level of understanding of biology to influence legislation. These are real people being affected.

      1. Cliff Hadley

        Theresa Simmons…

        1. Actually, a middle-school understanding of chromosomes is pretty spot on when divvying up the sexes. Most people are XX or XY — around 98 percent. The 2 percent who have some variation deserve utmost sympathy and care. They truly are trapped in bodies that don’t match their DNA. The bathroom and locker room legislation was never about them.

        2. Recognizing that chromosomes aren’t the whole story hardly justifies the delusional leap that we can choose our sex. It’s no different than those who want to chop off an arm or blind themselves. Such people are ill, and consequently, the medical community doesn’t oblige them. Yet there’s a whole raft of quacks and enablers who encourage confused young people to mutilate their sex organs and undergo awful hormone regimes, all to the glory of transgender junk science.

        3. You ask, “Who are you to say that it isn’t possible for the body to develop one way and the brain to develop another?” Maybe because I’m reasonably confident that we evolved for a couple million years as male and female, XY and XX. Speculation about “gender identity” can’t change that — or our chromosomes.

        But what do I know? I’m dumber than an eighth-grader.

        1. Theresa Simmons

          Why do you put so much faith in chromosomes? All they really do as far as sex goes is start the whole process. Any number of things can go wrong and change throughout that process. Male and female traits are both present in everyone’s DNA. Hormones are what decide which ones are expressed, and even that can mess up. Go look up Androgen Insensitivity Syndrome for example.

          Who the hell said anything about “choosing sex?” Being transgender is not a choice any more than being cisgender is. Just because you can’t feel your gender identity doesn’t mean it isn’t there. You can’t feel your appendix either, but you can bet that if something is wrong with it you’ll definitely feel it. And nobody encourages anyone to transition. In fact, you have to jump through hoops and prove that it’s what you really want before they will even let you start. I have no idea where you people are getting this idea that it’s being encouraged or forced on people. What’s being encouraged is for people to not suppress who they are. What’s being encouraged is to seek therapy and counseling to be sure that what you are experiencing is in fact gender dysphoria before making any major decisions. This “transgender junk science” is widely accepted among pretty much all reputable medical and mental health communities. The best treatment for gender dysphoria is to transition. That’s all there is to it.

          Well I’m glad you’re so confident. What do we even need doctors and researchers for? Cliff Hadley and his precious chromosomes have all the answers.

        2. Anonymous


          I appreciate that you are honest in expressing in how you really feel about this and I’m am not saying this in a bad way.

          “Such people are ill, and consequently, the medical community doesn’t oblige them. Yet there’s a whole raft of quacks and enablers who encourage confused young people to mutilate their sex organs and undergo awful hormone regimes, all to the glory of transgender junk science”

          An experienced and qualified mental health professional that follows the Harry Benjamin Standards or an updated version will first do a series of tests and evaluations on this individual to see if there are any underlying issues that could be causing this. It is quite extensive.

          Let me be clear! With the treatment of those 18 and older for example they will admit their job is to talk you out of it and try to find other options to live as they are because the costs are so high meaning social, economic and they will probably say “You must be prepared to lose everything in your life!” family, friends and economic opportunities because people just will not be able to properly grasp this. Plus! What if they go thru this and realize they made a mistake? These qualified mental health professionals have been accused of being gatekeepers by some going thru the process.

        3. Anonymous


          There is this misinformation being spread because of a lack of understanding that the reason that the suicide rate is so high is because these individuals are so confused and we should not encourage or enable them.

          First of all with proper help from a qualified and experienced mental health professional following the Harry Benjamin Standards or an updated version the vast majority of those who at one time felt that they might be or were Transgender find a way thru counseling to live as they are. These individuals either find out that there was something else another issue that caused them to think they were Transgender which they were not and deal with that or other issues in life or if they were found to be Transgender they were able to somehow manage it without hormone therapy or any surgeries. Their relationships with friends continued and/or improved, they married, had families, had a successful career and had productive lives. Each situation was different and the intensity is different. That is the vast majority.

        4. Anonymous


          A very small minority of those who first enter qualified counseling actually go thru with everything. Even before they get to that point some find a way to reach a level of comfort and manage this by wearing clothes of the gender they identify with and there is no sexual arousal from this. Some go as far as hormone therapy but they are still able to somehow live and manage this and maintain their careers, family and community relationships.

          The high rate of suicides come from many of those who live in the role they identify with everyday and the rampant discrimination and abuse they face. Some successfully go stealth where no one knows and they blend in avoiding the discrimination. Others are more detectable. There is always talk about people scamming the system that have no work ethic and are lazy but for someone who is goal oriented, high work ethic, never shows up to work stoned or drunk and is a team player facing discrimination is crushing!

          They lose their support network being what most the time is the vast majority of family, friends and basically kicked out of their churches it makes things extremely challenging.

          Then with bathroom bills coming up and those who are Transgender being portrayed as practically sexual predators and some retired Army General down south threatening violence if he sees on in the same bathroom as his granddaughter it does not help. Violence and killings occur to those who are just going about their daily lives. Like I mentioned earlier this issue reinforces negative stereotypes and all the sudden it takes on a life of its own with some really bad things happening to innocent people.

        5. Anonymous

          During the 80s and possibly into the 90s The University of Minnesota’s Program in Human Sexuality which was and probably still is one of the best if not the best program in the US in helping those with gender issues was offering experimental medications to see if the could eliminate Transgenderism. Those patients that tried those meds the U of M did not have any success at that time. I do not know if U is still doing that.

  8. Anonymous


    What about genetic anomalies that occur in nature? A child that is born with the sex organs of both? What sex would you raise that child then based on behavior or what you would prefer boy or girl? I realize this is a very small percentage but it does happen.

    I understand the chromosome argument but what if it is brain chemistry during fetal development? We are exposed to so many chemicals in our environment today and some of it such as BPA which has hormone disruptors among other things line the water, pop bottles, soup cans or many foods that are canned.

    There have been a number of studies that have shown that amphibians such as frogs or when they were tadpoles were feminized and behaved in that role when exposed to certain chemicals. This is not chemtrail conspiracy stuff but is fairly well documented. Do we as a society properly protect ourselves when using everyday products such as for example 409, car wax or whatever? I’ll bet hardly anyone does.

    Not trying to wish this on anyone but this has been going on since the early days of civilization. Has there been an increase in this and/or just being diagnosed? I can’t answer that right now.

    1. Cliff Hadley

      You ask thoughtful questions and provide good examples. There are no guarantees in life, especially so in each individual’s biological development. So the anomalies have always been with us. My concern is that the modern world has blurred what is determined — chromosomes — with what is chosen — sexuality — and used the saddest cases as props to advance a radical politics.

  9. Troy Jones


    Years ago I read a piece by a philosopher who called himself a “militant agnostic.” He said their were three main types in the “Is there a God discussion.”

    1) An agnostic who has seen nothing which convinces him there is a God but because it is impossible to prove a negative, he is open to something that will change his mind. And, if there ends up being a God, he takes heart that those who claim to know God says he is merciful.

    2) A believer who is either living a delusion or experienced something real. Since this agnostic isn’t that person or have that person’s experience, he can’t judge if it is a delusion or something real.

    3) The atheist who thinks he can do the impossible and prove a negative and who thinks his own experience is definitely superior to the tens of billions of people over human history who believed in a God or gods.

    He went on to say only the latter appoints himself as God which is ironic since his assertion is there is no God.

  10. Anonymous

    The sceptic in me realizes that this whole concept of this is very uncomfortable for some but it seems like it is the classical “Trying to find a solution to a problem that does not exist” It is being used for fundraising politics which is divisive and to get additional votes.

    Provided the parents/family of a transgender child are able to find a good mental health professional working within the guidelines of the Harry Benjamin Standards or an updated version there are numerous safeguards in place to protect the child and everyone else involved. It is a very comprehensive process of trying to find underlying issues and other options along the way even before they get to a point before using bathrooms locker rooms or whatever.

    If parents find a therapist that just greenlights everything without proper evaluations and exploring all options than I’d say find someone else or contact the U of Minnesota program for a referral if need be.

    There are a number of things that are going on in our environment due to our increased exposure to chemicals such as early puberty, increase in infertility and it could affect fetal brain chemistry development with a possible increase in those who end up being transgender. The possibilities are there.

  11. Lee Schoenbeck

    Fred, thank you for all the work you’ve done on this topic. You didn’t need to. You do it because you care about our state. Thank you. Lee

  12. MK

    We agree with you too Lee and the many people surrounding us as well. Thank you Fred. Please, someone tell me a man can have a baby and I will believe this nonsense. Until then, if you are born with a penis you are a boy and if you are born with a vagina you are a girl. Pretty simple. Yep, DB we are deplorables!!

    1. Anonymous

      “Until then, if you are born with a penis you are a boy and if you are born with a vagina you are a girl.”

      It’s all pretty black and white eh?

  13. Fred Deutsch

    Having been deeply involved for several years in the battle over privacy in locker rooms and restrooms in our nation’s schools, there is one thing about our opponents that has impressed me: they are bold. In lawsuits they demand access to private facilities of the opposite sex while proclaiming their gender identity proudly through social media and the evening news. Hundreds of activists pack into legislative hearing rooms to advocate their belief that a person’s sex should be based on their perceived gender identity, rather than their immutable (and God-given) biology.

    In contrast, our side has been largely silent. The fear of being labeled a bigot, mocked on social media, and accused of bullying has led to a spirit of timidity. Our self-censorship on this vital issue—one that reaches to the very nature of what a male or a female is—is disappointing, because this is an issue where the law, facts, science, and Scripture are all on our side.

    But at last we are starting to shake off our timidity. On Wednesday, September 28th, over 8,900 students, parents, grandparents, and community members joined together to take a bold stand before our nation’s highest court. In their friend-of-the-court brief filed in the case of Gloucester County School Board v. G.G., these individuals and families spoke with a unified voice urging the Court to take the case and issue a strong ruling that upholds the constitutional right of privacy, ensuring that girls are not forced to share showers, locker rooms, and even hotel rooms on field trips with boys (and vice versa).

    These individuals courageously let the world know that they will no longer remain silent, because protecting our children’s privacy and safety is too important to let our opponents dominate the conversation. Instead, they offered a better solution, one that maintains our tradition of providing separate locker rooms and restrooms based on biological sex, while offering compassionate, privacy-protecting accommodations (such as single-stall restrooms) to any student uncomfortable with communal facilities—including anyone who struggles with gender identity issues.

    Such boldness is contagious. We have witnessed in the past months how small groups of students, parents, and community members have started local movements resulting in packed school board meetings—such as the Pine-Richland School District in Pennsylvania and the Prince William County School District in Virginia—to successfully stop policies that strip away student privacy and enact good policies that protect the privacy and dignity of all students

    For those of you that are facing these issues—at your local school or your place of employment—I encourage you to take inspiration from the thousands and thousands of people who are boldly proclaiming the truth about God’s design for humanity and the unchangeability of sex. And let us all join with the prayer of the early church in Acts 4:29 as we petition that God will “enable your servants to speak your word with great boldness.”

    Post by Matt Sharp, reprinted here.

    1. Anonymous


      My best friend for about 34 years is a newborn Christian, has a large family and has home schooled all of them up to about High School and then sent as many as they afford to a local Christian school. We talk about our faith, life, joke and our families often. There is no way my friend would feel comfortable having one of his children in a locker room or bathroom with a Transgender child even if this were my child. Without question I value our relationship, respect my friend’s beliefs and am also protective of their children. If my child was Transgender I would go ahead and make a separate accommodation to make it as less threatening and a non issue for everyone involved.

      As you probably know every situation is different and I believe qualified mental health professionals and parents of Transgender children need to consider the dynamics before we even get to that situation. Kids and parents have enough challenges in their lives and why create a firestorm in a school environment and in their communities without taking into consideration everything involved?

      A qualified mental health professional may advise the parents and this child it may not be the proper time, the environment, need more time to evaluate or may not be convinced that this child is Transgender and there are other issues that need to be addressed.

      Then again it could be the other way around where this child’s schoolmates have always referred to this child including many parents as a girl and there not much of an issue with it in that local setting.

      Many schools have been dealing with this in rural areas on a case by case basis with no incident and being respectful for all parties involved for years.

      1. Fred Deutsch

        Thank you for your thoughtful questions, 8:20 am. You touch on a couple of different aspects, so let me begin with the sociopolitical component.

        Locally controlled schools have dealt with the issues brought forward by transgender students since the beginning of statehood. If the federal government had not overstepped its bounds with a directive REQUIRING all school districts to allow transgender students into the showers, changing rooms and bathrooms of the opposite biological sex, HB 1008 would not have been necessary and I would not have introduced it. But the fact is that’s not the case. Since session ended the issue has evolved as many state AGs now see the federal overreach and are pushing back. That’s what Jackley is referring to in the lawsuit. A school board in Virginia decided NOT to allow a transgender student to use the opposite biological sex’s facilities. The feds said no-way to the school board. That’s what the fight is about — should the federal government have the ability to over ride local control on the use of showers, changing rooms and restrooms?

        The ACLU and other advocates for the transgender community reject accommodation. They reject access to facilities that schools accommodate to meet the specific needs of the student. The fight moves forward because the opposition demands transgender students have the right to fully access facilities of the opposite biological sex — and their right supersedes the bodily privacy right of all other students.

        Again, if the federal government removes themselves from this issue – allows the locals to decide what is best for their school and their children, then I believe the issue for the SD legislature goes away. Until that happens, I believe the issue will move forward.

        Concerning the clinical or medical component of your question, the evaluation and treatment for children struggling with their sexuality and gender should always be left up to families and competent professionals in my opinion. Remember, we are talking about CHILDREN here, not adults. Humbly, I do not believe this is not an area government should be involved in.

        1. Anonymous

          Fred is typical of South Dakota voters: most people in the state believe gender dysphoria is a symptom of the breakdown of the American family and not caused by environmental factors.


          1. Fred Deutsch

            10:18, there are many theories that warrant further scientific investigation, but currently don’t know what causes gender dysphoria.

  14. Ymous

    One thing we can all agree on. Daniel is an a–.
    To disagree is human but to be so full of hate with those you disagree with is in itself self hate. Name calling is juvenile and judging others isn’t left to you Danny. If we South Dakotans are so stupid, why live amongst us hillbillies? Just use that freedom our forefathers gave us and leave. Please. Take your voting patterns with you.

  15. Anonymous

    Marty is just wrong on this. South Dakota doesn’t need federal dollars for anything except to keep the state’s military base open and to add more cops and jails. Bridges and highways are just fine so is the rail infrastructure. Education funding for creationism and climate change denial should be the legislature’s responsibility.