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.
Actors
- Larry Rhoden (Governor of South Dakota)
- Brandei Schaefbauer (South Dakota State Representative, HB1259 sponsor)
- South Dakota Legislature
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).
Why we recorded this
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.
Sources
- South Dakota HB1259 (2025) - bill history and status — LegiScan primary accessed July 14, 2026
- Gov. Rhoden Signs Anti-Trans Bathroom Bill into Law; ACLU Comments — ACLU of South Dakota investigative accessed July 14, 2026
- Governor Rhoden signs bathroom bill, amended library bill into law — Dakota News Now investigative accessed July 14, 2026
- Bill regulating public bathroom use advances from SD Senate — South Dakota Public Broadcasting investigative accessed July 14, 2026
See also
- South Dakota Gov. Rhoden signed HB1184 codifying binary sex definitions and ending state recognition of transgender people
- South Dakota Gov. Noem signed HB1080, banning gender-affirming care for transgender minors
- Rubio issued State Dept cable directing consulates to deny visas and impose permanent fraud bar on transgender applicants
- Wyoming enacted SF0077 barring state and local government from requiring employees to use colleagues' preferred pronouns
- Iowa Gov. Kim Reynolds signed SF418, making Iowa the first state to remove gender identity from its civil rights code
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