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State of South Dakota Joins Lawsuit Against Bathroom Mandate

PIERRE, S.D.-   Attorney General Marty Jackley announced today that South Dakota has joined a lawsuit filed today in Nebraska Federal District Court against the U.S, Department of Education and U.S. Department of Justice over the bathroom mandate. There are a total of 23 states joining the Nebraska and Texas cases, 10 in Nebraska and 13 in Texas.

"As Attorney General it was and remains my hope that our country and state lawmakers can find a solution to the transgender bathroom concerns.  However, the President's mandate or directive that children of opposite sex must be required to share locker rooms and bathrooms under the threat of lawsuit and withholding of education funding is a solution that goes beyond his authority.  I am therefore joining other Attorneys General in the Nebraska litigation to clarify that federal law cannot mandate that children of opposite sex be required to share locker rooms and bathrooms."

States included in the Nebraska lawsuit are Arkansas, Kansas, Michigan, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota and Wyoming.  

A similar case was filed earlier in the 5th Circuit District Court by State of Texas joined by Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin. 

There is no cost for South Dakota to join these proceedings.