South Dakota house bill would require birth certificates to reflect biological sex

Local News

PIERRE, S.D. (KELO) — The ACLU says House Bill 1076 would mean transgender people could not correct the gender on their birth certificates, forcing transgender South Dakotans to go through life with inaccurate birth certificates.

The organization says this would unnecessarily expose them to discrimination, harassment and violence.

“Accurate birth certificates are essential. You need a birth certificate often times for employment, housing so you can navigate the world freely and safely so you want to have the information on your birth certificate that matches your identity, and so all people have that right,” said ACLU spokesperson Janna Farley.

But lawmakers say the bill is about fixing a lack of clarity. Representative Fred Deutsch of Florence is one of the sponsors. He says judges are having a hard time knowing what to do.

“There’s a problem with the courts in South Dakota interpreting sex differently, some courts grant the benefit to change sex on a birth certificate and others deny it,” said Deutsch

Deutsch says he believes the uniform application of the law is in the best interests of justice.
House bill 1076 is at the beginning of the legislative process. If it makes its way through committee it will then move to the house floor for debate.

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