All corners of the country are either lauding or panning the notice which mandates that public schools implement a transgender student bathroom policy.

South Dakota Attorney General Marty Jackley issued a press release and underscored what his office will do in response.

The President of the United States, through the U.S. Department of Education, today issued a letter that has established a requirement that every public school district in the country allow transgender students to use the bathrooms and locker rooms that match the student’s chosen gender identity and further threatening federal civil rights litigation and education funding withholdings.

“President Obama does not have the legal authority to mandate South Dakota schools and parents to require our children to share locker rooms and bathrooms with children of the opposite sex. While there are opportunities for state lawmakers and school districts to address the transgender issue in a nondiscriminatory manner, this mandate and threat of lawsuits and withholding of education funding for children is not a proper approach.

“Likewise, any harassment that targets a student based on transgender identity is (neither) appropriate nor permissible under the law. I am and will continue discussing the federal mandate and the proper action with other State Attorneys General.”

A more forceful stand was taken by Texas Lt. Governor Dan Patrick who also responded soon after the letter was issued. According to the Fort Worth Star-Telegram Patrick said his state was willing to forego federal funds if necessary.

"We will not be blackmailed by the president's 30 pieces of silver. The people of Texas and the Legislature will find a way to find as much of that money as we can if we are forced to."

The Star-Telegram also spoke with Human Rights Campaign President Chad Griffin which called the guidelines "groundbreaking."

"This is a truly significant moment not only for transgender young people but for all young people, sending a message that every student deserves to be treated fairly and supported by their teachers and schools."

Much attention has been trained on North Carolina’s Transgender Bathroom Bill including lawsuits filed by the U.S. Justice Department against North Carolina and vice-versa. South Dakota also has locked horns on the issue as Governor Dennis Daugaard recently vetoed HB 1008 which would have required that transgender students use the bathroom or locker room of their birth gender.


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