Trans Rights illustration by Heather Skovlund for 360 Magazine

Gov Noem × Anti-Trans Sports Bills

South Dakota Gov. Noem Exposes Vulnerabilities for All States Considering Anti-Trans Sports Bills

On Friday, March 19th, South Dakota Governor Kristi Noem issued a style-and-form veto of HB 1217, the anti-transgender sports ban bill that she had previously expressed excitement about signing. Having made several substantive changes to the legislation, including striking collegiate-level provisions from the bill, it will now be sent back to the legislature. This backtrack, by even an extreme governor with national political aspirations, exposes the economic, legal, and reputational threats these bills pose to states considering anti-transgender legislation and has sparked an uproar amongst conservative groups who see Governor Noem playing politics and trying to have it both ways. 

Gov. Noem’s winding path from “excited to sign” to a veto

Today, Noem held a press conference standing alongside known anti-LGBTQ extremists to justify her veto

  • Today in a press conference, Governor Noem announced the creation of a coalition to “Defend Title IX Now” which appears to be a national list-building exercise by Noem, with a website created yesterday by someone in Ohio (coincidentally, Governor Noem’s campaign website was created by Ohio political consultants The Aventine Group). This website’s “paid for by” disclaimer refers to a committee that is not yet registered with the Federal Election Commission or the South Dakota Secretary of State’s office.
  • When asked in today’s press conference why she was pressing a ban on transgender student athletes when there are no transgender players currently competing in secondary school sports in South Dakota, Gov. Noem replied “it’s an issue because people are talking about it and for the future.”
  • Among the speakers in today’s press conference was former NFL player Jack Brewer who, in March of 2020, said that he opposed President Barack Obama for “normaliz[ing] the black gay culture.”
  • Noem said of HB 1217, that it was a “trial lawyer’s dream” that would open the state to litigation in its current form and expressed concern for NCAA repercussions, saying “if we’re going beyond [K-12] to the collegiate level…just know that we could face retaliation — it’s more than likely, and at that point, we would have to sue, which is a cost to the taxpayers.” 

From praise to condemnation from anti-equality extremist groups

  • When announcing her support for signing the legislation, Noem quote-tweeted the American Principles Project.
  • But only weeks later, American Principles Project shared their condemnation of Governor Noem’s style-and-form veto of HB 1217, saying that she “[broke] her word,” “[froze] out advocates of HB 1217 and instead [took] advice from the bill’s most vocal critics,” and that “[b]y standing with Joe Biden and the radical left against protecting women’s sports, Noem has irreparably damaged her standing with both her own constituents as well as Americans nationally… This betrayal will have political consequences.”
  • The Alliance Defending Freedom, a Southern Poverty Law Center-designated hate group, went from support to condemnation as well, saying in a statement that Governor Noem “abuse[d]” her veto power to “cave to ‘woke’ corporate ideology.” They similarly called Noem’s actions a “betrayal” and characterized today’s press conference as damage control to rehabilitate her “credibility and political image.”
  • In reaction to today’s press conference, Sean Davis, co-founder of the conservative publication The Federalist tweeted: “Stop making excuses and insulting everyone’s intelligence and sign the bill already. This is embarrassing.”

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