State of South Dakota Joins Lawsuit Against Bathroom Mandate

jackley-logo Marty JackleyState of South Dakota Joins Lawsuit Against Bathroom Mandate

PIERRE, S.D.- Attorney General Marty Jackley announced today that South Dakota has joined a lawsuit filed today in Nebraska Federal District Court against the U.S, Department of Education and U.S. Department of Justice over the bathroom mandate. There are a total of 23 states joining the Nebraska and Texas cases, 10 in Nebraska and 13 in Texas.

“As Attorney General it was and remains my hope that our country and state lawmakers can find a solution to the transgender bathroom concerns. However, the President’s mandate or 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 is a solution that goes beyond his authority. I am therefore joining other Attorneys General in the Nebraska litigation to clarify that federal law cannot mandate that children of opposite sex be required to share locker rooms and bathrooms.”

States included in the Nebraska lawsuit are Arkansas, Kansas, Michigan, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota and Wyoming.

A similar case was filed earlier in the 5th Circuit District Court by State of Texas joined by Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin.

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

22 Replies to “State of South Dakota Joins Lawsuit Against Bathroom Mandate”

  1. Ree

    I’ll bet Jackley didn’t get Daugaard’s approval for this! It’s a good thing Jackley has a backbone.

    1. Anonymous

      I think he’s trying too hard. He was silent after the veto and before the veto. Now he’s fighting Obama. If Obama does something it’s bad but if Daugaard or a republican does it lets be silent.

      Mickelson voted with social conservatives I believe.

    2. Anonymous

      Backbone? This is a press release and a lawsuit that won’t go anywhere. Standing up to Daugaard’s son in law would show a backbone.

  2. Anonymous

    As I’ve been told, I haven’t seen this, but I heard that there are pictures around that will surface before the elections are over of Pat Powers burning the American Flag while he was an anti-war demonstrator during the 60’s.

  3. Fred Deutsch

    Assuming the AG is successful, the next battle will be between those that want local school boards to create student privacy policies versus a state law to establish a single student privacy provision for all public schools.

      1. Anne Beal

        This isn’t a social issue. It’s federal overreach, threatening to cut funding for education if the school policies don’t match the administration’s agenda.
        The federal government has been doing this for years, making the states dependent on federal funding and then dictating policies.
        The bathroom issue is just the latest in federal control of education.

  4. Anonymous

    Heroin use escalating at an alarming rate, meth use reaching epidemic proportions and opioid overdoses killing, and this is the best he can do?

  5. Jaa Dee

    These are male transgender if they use the facilities according to their birth certificate they would use the women’s rooms

    These are female transgender if they use the facilities according to their birth certificate they would use the men’s rooms

    1. Pat Powers Post author

      Jaa Dee/fretwalker – I notice you tried this comment several times. WordPress is typically set to kick comments with 2 links of more into the spam box.

  6. Anne Beal

    I wish some school boards would cowboy up and tell the Feds to take their Title IX and stick it where the sun don’t shine.
    Eliminate all school athletic programs. Eliminate the locker rooms and showers. Just make the kids go outdoors for an hour every day and entertain themselves.
    Think of the money which could be saved and spent on academic education.

    1. Anonymous

      Yes, eliminate all sports, locker rooms and showers. Send the kids outside for an hour each school day to entertain themselves … by texting their friends, posting on social media, taking selfies, etc. That should take care of it.

      1. Anne Beal

        If their parents want them to have physical activity, they can pay for it themselves.
        Parents who pay for hockey, figure skating, ballet, horseback riding, swimming, and martial arts already get this. Why the schools have to provide basketball escapes me. The disparity in sports for boys and girls was what launched Title IX in the first place, now it’s the locker rooms and showers. When are the school boards going to figure out that compliance with Title IX is too much trouble and they should just shove it?

  7. Fred Deutsch

    Anne, there have been lawsuits, just not yet in South Dakota. In fact, I got started in this after SD superintendents talked to me about legal challenges in other states.

    The earliest problems in other school districts resulted from the Department of Education’s April 2014 memo titled “Questions and Answers on Title IX and Sexual Violence.” Buried on page 5 of this 46 page memo, on paragraph B-2, was this declaration:

    “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR [Office of Civil Rights] accepts such complaints for investigation. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.”

    At a stroke, the Obama administration rewrote a statute that explicitly prohibits only sex discrimination in federally funded educational programs and transformed it into a prohibition against discrimination on the basis of sexual orientation and gender identity. And the DOE did it via a mere memo.

    Then in July, 2014, the Department of Justice gave the memo legal teeth when it filed a “statement of interest” in a lawsuit, taking the side of Gavin Grimm, a male-identified but biologically female student who wanted to use male bathrooms and locker facilities but was not allowed by the local school board.

    All of this came well before North Carolina, and well before the Obama Administration’s more recent memo clarifying its position to all US school districts.

    I’m not a lawyer, but the more time I spend studying this issue within the context of federal over-reach, the more I am convinced this is an extraordinary lawless act by the Administration.

    There is much yet to come.

    1. Anne Beal

      There you go: compliance with Title IX is too costly. Are football, volleyball and basketball really that essential to education? Just stop.
      The toilet issue can be resolved with port-a-potties.