South Dakota Gov. Rhoden signed HB1259 restricting multi-occupancy bathrooms and changing rooms to sex assigned at birth

On March 21, 2025, South Dakota Gov. Larry Rhoden signed House Bill 1259, requiring people to use multi-occupancy restrooms, changing rooms, and locker rooms in public facilities — including public schools, courthouses, and libraries — that correspond to their sex assigned at birth rather than their gender identity. The measure, sponsored by Rep. Brandei Schaefbauer, passed the House 58-9 and the Senate 27-6. It functionally bars transgender people from using covered public facilities consistent with their gender identity.

On March 21, 2025, South Dakota Gov. Larry Rhoden signed House Bill 1259 into law, requiring people to use multi-occupancy restrooms, changing rooms, and locker rooms in public facilities that correspond to their sex assigned at birth rather than their gender identity. The law reaches public buildings across the state, including public schools, courthouses, and libraries. Sponsored by Rep. Brandei Schaefbauer, the measure passed the South Dakota House 58-9 and the Senate 27-6 before reaching the governor's desk.

By conditioning access to shared public facilities on a person's sex assigned at birth, the law functionally bars transgender South Dakotans from using covered restrooms and changing rooms consistent with their gender identity. Opponents, including the Transformation Project and other advocacy groups, organized rallies against the measure, and the ACLU of South Dakota, whose advocacy manager Samantha Chapman called the law unlawful, said it marginalizes transgender people.

The measure is one of a series of 2025 state laws restricting facility access by sex assigned at birth already recorded in the archive, including Montana's HB121 (mt-discriminatory-policy-47954f64) and North Dakota's HB1144 (nd-discriminatory-policy-27ab3d61).

Civil-rights protections bar government from singling out a marginalized group for exclusion from ordinary public life. South Dakota's HB1259 requires multi-occupancy restrooms and changing rooms in public buildings — including public schools, courthouses, and libraries — to be used according to a person's sex assigned at birth rather than their gender identity, functionally barring transgender South Dakotans from facilities consistent with who they are. This archive records when a state uses facility-access law to target a specific marginalized group for exclusion from shared public space.

  1. South Dakota HB1259 (2025) - bill history and statusLegiScan primary accessed July 14, 2026
  2. Gov. Rhoden Signs Anti-Trans Bathroom Bill into Law; ACLU CommentsACLU of South Dakota investigative accessed July 14, 2026
  3. Governor Rhoden signs bathroom bill, amended library bill into lawDakota News Now investigative accessed July 14, 2026
  4. Bill regulating public bathroom use advances from SD SenateSouth Dakota Public Broadcasting investigative accessed July 14, 2026