South Dakota could become the first state in the country to require transgender students to use bathrooms and locker rooms of their sex at birth, after the state Senate recently passed legislation calling for the action.

All that remains is the signature of Republican Gov. Dennis Daugaard, who has previously expressed support for such a measure. Advocates of the bill insist it protects the privacy of students, while those opposed argue it discriminates against vulnerable adolescents.

Opponents of the bill also say the measure will lead to more bullying. It also circumvents the Constitution and could lead to the state being legally obligated to dole out millions to settle potential lawsuits.

Schools Obligated to Provide 'Reasonable Accommodation'

Under the plan, schools would be obligated to provide "reasonable accommodation" for transgender students. The limited options range from single-occupancy bathrooms to the "controlled use" of staff-designated restrooms, locker rooms or shower rooms.

Recently, Republican Sen. David Omdahl urged all his colleagues to get behind the bill to "preserve the innocence of our young people."

Meanwhile, the American Civil Liberties Union of South Dakota and Human Rights Campaign have been just as active in expressing their opposition to the measure and have directly called on Daugaard to veto the legislation.

"History has never looked kindly upon those who attack the basic civil rights of their fellow Americans, and history will not treat kindly those who support this discriminatory measure," Chad Griffin, the president of the LGBT-rights organization Human Rights Campaign, said in a recently released statement.

Rhetoric Heats up

Transgender advocates have also directly criticized Omdahl for a number of comments he has reportedly made about transgender individuals during the debate about the legislation.

"I'm sorry if you're so twisted you don't know who you are," he said at a recent event when directly quizzed about the bill. "I'm telling you right now, it's about protecting the kids, and I don't even understand where our society is these days."

Recently, several other states have also considered tackling the issue. Late last year, the city of Houston was the stage for a bitter public fight over nondiscrimination legislation that centered on LGBT rights.

Advocates of the law stress the legislation is in direct response to changes made by the Obama administration to the federal Title IX anti-discrimination law related to education. Federal authorities have long insisted barring students from restrooms that match their gender identity is in violation of the law.

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