Politics

North Dakota Gov. signs bill that allows teachers to misgender their students

Portrait of Governor Doug Burgum
Portrait of Governor Doug Burgum Photo: Office of the Governor

North Dakota Gov. Doug Burgum (R) has signed an anti-trans bill into law that, effective immediately, restricts several rights of trans students and public employees.

H.B. 1522 makes it illegal for schools and government entities to require teachers and employees to use trans people’s proper pronouns. It also mandates that teachers out trans students to their parents or guardians, which makes them vulnerable to dangerous situations if their family is not accepting. It also says trans students cannot use the bathroom that aligns with their gender unless a parent or guardian grants permission.

Burgum signed the bill on Monday and claimed it is “reaffirming the First Amendment right to free speech.” Those against the bill argue that it violates trans students’ constitutional rights.

“Mandatory outing of a student’s trans identity violates their privacy rights at school – particularly for trans youth who cannot be safe at home,” Cody Schuler, advocacy manager of the American Civil Liberties Union of North Dakota, told the Associated Press.

“And creating a supportive working and learning environment also requires treating people with dignity and respect, including – at a minimum – calling them by the name and pronouns they want to use. These are both unlawful and discriminatory practices.”

In April, Burgum signed three other anti-trans laws. One makes gender-affirming care for transgender youth illegal in the state, carrying a penalty of up to 10 years in prison for doctors caught helping trans youth.

The other two collectively prohibit trans girls from participating in women’s sports in kindergarten through college. Burgum vetoed similar legislation in 2021, and the legislature did not have enough votes to override it. This time, the legislature would have been able to override his veto had he decided not to sign the bills.

In the first few months of 2023, over 20 anti-trans bills have become law across the country as Republican state lawmakers (and some federal lawmakers) work round the clock to target gender-affirming care, bathroom usage, drag shows, and the rights of trans students in schools.

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