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South Dakota Gov. Kristi Noem Sends Girls Sports Bill Back to State Lawmakers

AP Photo/James Nord
AP Photo/James Nord
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By Tré Goins-Phillips
Editor

March 22, 2021

South Dakota Gov. Kristi Noem (R) has sent the state’s Fairness in Women’s Sports bill back to lawmakers in a move some have described as a “betrayal” by the conservative politician.

Noem, who said earlier this month she was eager to sign the legislation, vetoed the proposal this week, sending it back to lawmakers with recommended changes, KELO-TV reported.

If approved, the legislation — H.B. 1217 — would bar any student at a state school from joining a sports team that does not correspond with his or her biological birth sex. Noem said in early March the bill is about “defending women’s sports.”

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The bill’s future is now uncertain, though, as Noem has issued a “style and form” veto, in which the governor is asking lawmakers to remove the restriction from the state’s public universities.

“The proposed revisions limit House Bill 1217 to elementary and secondary school athletics, which are primarily conducted among South Dakota schools and, at the high school level, are governed by the South Dakota High School Activities Association, a creature of South Dakota law,” the governor said. “The proposed revisions will also remedy the vague language regarding civil liability and the use of performance-enhancing drugs.”

Noem went on to state “boys should play boys’ sports and girls should play girls’ sports,” but argued she is “concerned that this bill’s vague and overly broad language could have significant unintended consequences.”

“I am also concerned that the approach House Bill 1217 takes is unrealistic in the context of collegiate athletics,” she added. “In South Dakota, we are proud of our universities’ athletic programs, and, in particular, the great strides we have taken to gain national exposure and increase opportunities for our next generation over the past two decades.”

Noem argued that competing “on the national stage” will require “compliance with the national governing bodies that oversee collegiate athletics,” like the NCAA, which reportedly lobbied against the South Dakota bill.

Several conservatives rebuked the governor for her veto:

SD Gov. Noem should sign bill to protect female athletes, not engage in political theater https://t.co/h1SN3zextF @AllianceDefends

— Ryan T. Anderson (@RyanTAnd) March 22, 2021

Gov Noem bowed to corporate pressure and her changes gut the protections for girls and women in the South Dakota bill. It’s as simple as that. https://t.co/xsxW9K4oL3

— Inez Stepman ⚪️🔴⚪️ (@InezFeltscher) March 22, 2021

There's only one way for Gov. Kristi Noem to do damage control here: Sign the bill. https://t.co/mRUDMUOFnL

— Kelsey Bolar (Harkness) (@kelseybolar) March 22, 2021

Noem, for her part, addressed many of their concerns during a press conference Monday.

“I want to be very palms-up with each and every one of you here today,” she said. “These legal scholars think that South Dakota’s chances of winning a lawsuit against the NCAA are very low. The NCAA is a private association. That means they can do what they want to do.”

“Even though I fundamentally disagree with them, when it comes to this issue, if South Dakota passes a law that’s against their policy, they will likely take punitive action against us,” Noem continued. “That means they could pull their tournaments from the state of South Dakota, they can pull their home games, they can even prevent our athletes from playing in their league. That’s their prerogative. So a fight that doesn’t truly protect women’s sports and doesn’t allow women to compete, ultimately, is going to hurt South Dakota families.”

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The governor went on to announce her administration is forming a coalition, Defend Title IX Now. The group, she said, “will consist of athletes, leaders, and everybody who cares about protecting women’s sports.”

She then detailed the larger play she has in mind.

“Once we have enough states on board, a coalition, big enough to where the NCAA cannot possibly punish us all, then we can guarantee fairness at the collegiate level,” Noem said.

The coalition’s pledge states:

The undersigned agree that Title IX needs to be protected, and we commit to working together to keep fairness in women’s sports.

We believe:

1) Only girls should play girls’ sports. Title IX was passed to protect fairness for women.

2) The federal government should enforce Title IX in a way that protects fairness for women’s sports, rather than misusing it in a way that undermines fairness.

3) The NCAA and other athletic sanctioning bodies should not take any adverse action against any state or school that acts to protect fairness for women.

Watch Noem’s press conference:

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