AG Jackley’s Response to President Obama’s School Bathroom Mandate

PIERRE, S.D. - 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 not appropriate nor permissible under the law. I am and will continue discussing the federal mandate and the proper action with other State Attorneys General,” said Jackley.