State by State · Law protects girls’ sports in K-12 and colleges
Since 2022, South Dakota law has reserved girls' and women's teams for females at every accredited school and every public college and technical college. Students and schools hurt by a violation can sue.
The law in South Dakota
Law in force · Covers K-12 and colleges
Past attempts
HB 1217 (2021) passed the legislature, but on March 19, 2021 Gov. Noem refused to sign it as written (a “style and form” veto objecting mainly to the college provisions); the bill died, and she issued executive orders on K-12 and college sports instead (sdlegislature.gov HB 1217; LGBTQ Nation; CNN).
The law in detail, with sources
The law
SB 46, “An Act to protect fairness in women’s sports,” 2022. Passed by the legislature; signed by Gov. Kristi Noem on Thursday, Feb. 3, 2022, effective July 1, 2022 (enrolled text; ADF release; ABC News). It came after Noem’s 2021 executive orders on the same subject (CNN).
Who it covers
Interscholastic, intercollegiate, intramural and club teams and events sponsored or sanctioned by any accredited school, school district, activities association, or public university or technical college. Because “accredited school” is used, this reaches accredited private schools as well as public ones (enrolled text, § 1).
Notes
Only female students, by biological sex, may play on teams for females, women or girls; a birth certificate issued at or near birth may be relied on. Students harmed by a violation, or retaliated against for reporting one, can sue for injunctive, mandamus and declaratory relief; schools harmed can sue government bodies, accreditors or activities associations; prevailing parties get attorney’s fees; schools can’t be held liable to students for complying, and no government body may investigate a school for complying (enrolled text, §§ 1–5). No court challenge found. Protected by the June 30, 2026 Supreme Court ruling (CBS News).