The state of South Dakota is joining a lawsuit challenging the constitutionality aimed at a Tennessee law prohibiting transgender minors from accessing certain medical treatments.
The case United States v. Skrmetti is before the U.S. Supreme Court. It centers around a law that prohibits medical providers from prescribing medical treatments to transgender youth, like puberty blockers, hormone therapy and surgeries.
“South Dakota’s kids are our future, and I will always stand up for the next generation of South Dakotans,” said Gov. Kristi Noem. “The Biden-Harris Administration intervened in this case, but the federal government has no business forcing states to perform harmful, irreversible, and unscientific medical procedures on children.”
South Dakota lawmakers passed a similar law in 2023. It is now codified at SDCL 34-24-33 through 34-24-38.
The ACLU South Dakota calls the Republican governor’s statement erroneous.
“Gov. Noem's quote is misleading — no one is forcing the state to provide hormone therapy to children. Rather, the state is forcing medical providers to ignore standards of care and their medical judgement for treating gender dysphoria in youth patients," said Samantha Chapman, advocacy manager with the group. "The law robs trans youth from medically appropriate and necessary care and strips parents of their parental rights to seek hormone therapy for their children in South Dakota. There are many victims here, but the state government of South Dakota is not one."
The U.S. Supreme Court is set to hear the case before the end of the year.
