South Dakota
Overview
South Dakota has a highly restrictive legislative landscape for transgender individuals. In March 2021 the state legislature passed HB 1217, one of the first anti-trans sports bans in the nation — Governor Kristi Noem initially vowed to sign it, then issued a “style-and-form” veto the legislature refused, killing the bill. Noem immediately reimposed the ban via Executive Orders 2021-05 and 2021-06, barring trans girls and women from school sports from kindergarten through college. The state later passed HB 1080 (Help Not Harm Bill) in 2023, banning gender-affirming medical care for minors, and tracked 7 anti-trans bills in 2025.
Current Legislation
Enacted Anti-Trans Laws
2021 (Executive Orders):
- Executive Orders 2021-05 and 2021-06: Signed by Governor Kristi Noem on March 29, 2021, hours after the legislature killed HB 1217
- Ban transgender girls and women from participating in sports from kindergarten through college
- HRC: the orders “cannot withstand legal scrutiny” and expose South Dakota to economic, legal, and reputational threats
- Came after Noem’s “style-and-form” veto of HB 1217 was rejected by the legislature
2023:
- HB 1080 (Help Not Harm Bill): Signed by Governor Kristi Noem on February 13, 2023, effective July 1, 2023
- Restricts gender-affirming medical care for minors, including hormone replacement therapy, puberty blockers, and sex reassignment surgery
- Narrow exceptions for developmental disorders, non-congruent sex chromosome structures, or certain medical conditions
- Grandfather clause allowing those already receiving care to continue until December 31, 2023
- Medical professionals face discipline for violations
Proposed Anti-Trans Bills (Not Enacted)
2019:
- First trans sports ban attempt failed in the South Dakota House by a single vote
2021:
- HB 1217 (anti-trans sports ban): Passed both chambers in March 2021; Noem initially expressed excitement about signing, then returned it with a “style-and-form” veto; the legislature refused her version and killed the bill on March 29, 2021 — the ban was then imposed by executive order
2023:
- 5 anti-trans bills tracked across healthcare, performance, civil rights, and other categories
2025:
- 7 anti-trans bills tracked spanning six categories: education, healthcare, civil rights, bathroom access, birth certificates, and marriage
- Notable provision: Prohibit law enforcement agencies from engaging in diversity, equity, and inclusion programs or contracting with entities that do; ban adoption or promotion of theories related to “transgenderism”
Key Politicians
| Name |
Party |
Chamber |
Key Actions |
| Gov. Kristi Noem |
R |
Governor |
Style-and-form veto of HB 1217 (2021); signed EOs 2021-05/06 (2021); signed HB 1080 (2023) |
Timeline
| Date |
Event |
| 2019 |
Trans sports ban fails in SD House by one vote |
| March 2021 |
HB 1217 passes both chambers |
| March 29, 2021 |
Legislature kills HB 1217 after Noem’s style-and-form veto; Noem signs EOs 2021-05/06 imposing the ban |
| February 13, 2023 |
Gov. Noem signs HB 1080 |
| July 1, 2023 |
HB 1080 takes effect |
| December 31, 2023 |
Grandfather clause ends for existing patients |
| 2025 |
7 anti-trans bills tracked |
Context
South Dakota was the fourth state in the country to ban gender-affirming care for transgender youth, following Utah’s similar 2023 ban. Similar laws in Arkansas and Alabama faced federal court injunctions, with an 8th Circuit federal judge permanently blocking Arkansas’s law for violating constitutional rights.
South Dakota’s 2021 sports ban episode was also notable for its procedural history: it would have been the first sports ban signed into law in the U.S., but Noem’s style-and-form veto and the legislature’s refusal to accept it handed that “first” to Mississippi’s SB 2536, signed three weeks earlier. Noem’s executive orders achieved the same policy outcome without legislation.
Related Pages
Resources
Sources
- AP News - South Dakota Governor Kills Transgender Bill, but Orders Ban (March 29, 2021)
- HRC - Gov. Noem Signs Anti-LGBTQ Executive Orders as Trans Sports Ban Fails
- Them.us - South Dakota’s Governor Is About to Sign an Anti-Trans Sports Bill (March 9, 2021)
- Them.us - More Anti-Trans Bills in 2021 Than Any Year in History
- Wikipedia - South Dakota HB 1080 (2023)
- ACLU South Dakota - Arkansas Ruling
- ACLU Press Release - South Dakota Bans Care
- 19th News - South Dakota Failed Bill
- Trans Legislation Tracker 2023/SD
- Trans Legislation Tracker 2025/SD
- The Trevor Project - Condemns South Dakota Law
Last updated: 2026-07-31