Senate approves law restricting access to multi‑occupancy sex‑designated restrooms and changing rooms

The South Dakota Senate on March 10 approved House Bill 12‑59, a bill that prohibits members of one sex from entering multi‑occupancy restrooms or changing rooms designated exclusively for the opposite sex in most state and political subdivision facilities, including public schools.

Sponsor Senator Tim Vojta said the bill is intended to protect privacy and safety. "Men do not belong in women's private spaces," Vojta told the Senate, citing incidents elsewhere where people posing as women entered female restrooms and committed sex offenses.

The final bill as adopted includes several narrow exceptions and an amendment specifying that state employees who are not corrections officers may be treated differently in operational details; the amendment received voice approval and the full bill later passed the Senate.

Opponents argued the legislation is overbroad and would create enforcement and implementation problems. Senator Rocky Wheeler said definitions in the measure sweep in dormitory rooms and other private spaces, and warned the "may not enter" language could prevent commonplace, benign interactions such as mixed gatherings in private rooms, supervised school activities, or family accommodations. Senator Ben Larson and others raised concerns about the bill's fiscal note and the likelihood of litigation over ambiguous terms.

The Senate recorded 27 yeas, 6 nays and 2 excused on final passage and the president declared the bill passed.

Implementation notes: sponsors said the measure targets public facilities and directs political subdivisions to adopt policies that protect the sex‑designated privacy of restrooms and changing rooms; supporters pointed to available accommodations such as single‑occupancy family restrooms where needed.

The bill will proceed through the remaining steps for enrollment and final enactment.