South Dakota

South Dakota AG Jackley Announces Lawsuit Against Obama’s “Bathroom” Mandate

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“The moral principles and precepts contained in the Scriptures ought to form the basis of all our civil constitutions and laws.”  –Noah Webster

South Dakota has joined with nine others states in a lawsuit challenging President Obama’s directive regarding a “bathroom policy.”  The lawsuit is against the U.S. Department of Education and the U.S. Department of Justice.  The President’s directive mandates that schools must permit “transgender” students to use the shower room, locker room or bathroom facilities corresponding to their “gender identity.” The mandate threatens loss of federal funds under Title IX for non-compliance.

Attorney General Jackley stated in his press release that the Obama mandate is a “solution that goes beyond his [Obama’s] authority.” The complaint by the ten Attorneys General explains the merits of the lawsuit and basically discredits the Administration’s unconstitutional attempt to create new law.

The Obama Administration has once again overstepped legal boundaries by redefining the scope and reach of the Civil Rights Act of 1964. The Administration is redefining “sex” and “gender” as it appears in Title IX, to fit into his misguided agenda.  This is something lawmakers who drafted Titles VII and Title IX never even considered.  “Sex” refers to male or female–our DNA and anatomy that is unchangeable.  “Gender” is a social construct and is determined by how one feels.

Pray that this lawsuit will stop the President’s agenda and thereby protect our students while helping those confused about their sex to receive compassionate counseling.

Take Action

  1. Boycott Target. Concerned Women for America is part of the Target Boycott effort resulting from Target’s decision to allow open access to their public restrooms.
  2. Read Linda Schauer’s published letter to the editor as it appeared in the Aberdeen American News.

Protect South Dakota Women & Girls – Pray & Act!

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“The only thing necessary for evil to triumph is for good men [women] to do nothing.”  –Edmund Burke


The Sioux Falls City Council and Mayor Huether must hear from you!  You can be sure that they are getting e-mails and phone calls from those who want open and gender-neutral restrooms, locker rooms, fitting rooms, etc.  Do you want your daughter changing her swimsuit at the city pool in the presence of a male predator?  If at any time it is necessary to pray and act, it is now!

I spoke with a city council member from another South Dakota city who told me that this issue is coming to his city, too.  We must stop this now in Sioux Falls!  The federal government is threatening cities by claiming they will withhold federal dollars.  (We have been told this is un-Constitutional!)  It is time to stand up to the bullying of the federal government.

Please read the information below that I sent out last week.  Pass it on to your family, friends and acquaintances who live in the Sioux Falls area.


The SOGI (Sexual Orientation & Gender Identity) ordinance continues to be a dangerous ploy upon the safety and privacy of citizens of Sioux Falls and those who frequent the city.  Make no mistake, a policy adopted in Sioux Falls will not stop there–it will spread to your city and to the entire state.  The camel got his nose under the tent with the city-wide vote on April 12.  Now we must do damage control and stomp on that camel’s nose.

A little history …

On April 12, the voters of Sioux Falls approved a Human Relations Ordinance (HRO) that included sexual orientation for city employers and their employees.

The strong city-wide vote (76%) in favor of the HRO emboldened the city’s Human Relations Committee and the city attorney to add amendments #39 and #98 to the HRO.

Amendment #39 adds “gender identity” to the HRO for city employers and their employees.  Amendment #98 goes even further by adding “gender identity,” which would apply to the entire city–private businesses, landlords, churches, etc.

Due to the objections from Liberty Counsel, citizens, and family organizations, Amendment #98 was withdrawn for the present by the city attorney in order to tweak it and bring it back at a later date.

For the present …

That leaves Amendment #39, which adds “gender identity” to the HRO for city employers and city employees.  Amendment #39 will be voted on at the June 14 meeting of the City Council.

The amendment reads:

§ 39.042 DISCRIMINATION. No person in the civil service or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated against because of his or her race, color, religion, sex, sexual orientation, gender identity, national origin, creed, ancestry, pregnancy, age, genetic information or disability. 

We MUST oppose Amendment #39!

If you live, shop, worship, do business or visit in Sioux Falls, you have a voice on this issue.  Please contact the following council members and Mayor Huether, urging them to OPPOSE HRO Amendment Ch#39.  Be brief, respectful, and factual in your message.

Go to our website for more information on Amendment #39 provided by Liberty Counsel.  You may use talking points from the Liberty Counsel letter and also from “My Voice” column mentioned below in your message to the Mayor and Council members.

Sioux Falls Mayor & City Council:

Mayor Mike Huether  (use the drop down menu for “mayor.”)

Christine M. Erickson –

Michelle Erpenbach-

Rick Kiley –

Rex Rolfing –

Pat Starr –

Marshall Selberg-

Greg Neitzert-

Theresa Stehly-

  • We can all BE VIGILANT in PRAYER.
  • Attend the Council meeting on June 14 at 7:00 p.m. at City Hall. Mark your calendar.  Be there!
  • Contact the Mayor and the Council members – OPPOSE HRO Amendment Ch #39
  • Alert your friends.
  • PRAY

Read my Sioux Falls Argus Leader “My Voice” column regarding the proposed city ordinance granting special rights to persons who practice homosexual and transgender behavior.


Transgender Bathrooms in South Dakota’s Public Schools? Not On Our Watch!

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The safety and privacy of your children and grandchildren are in great peril!

On Friday, May 13, the Obama administration issued orders calling for all public schools and universities to permit transgender students to use restrooms and locker rooms corresponding to their gender identity instead of their biological sex. This lawless directive – which came in a letter signed by officials with the Departments of Education and Justice – does not have the authority of law – but does contain an implicit threat: schools that do not abide by the Obama administration orders could face lawsuits or loss of federal funds under Title IX.

The Obama Administration has once again overstepped legal boundaries by redefining the scope and reach of the Civil Rights Act of 1964. The Obama administration has deemed “sex” an elastic term, and regards “gender” (how one feels) synonymous with “sex” (biology), and is now aggressively embedding “gender” as a part of federal policy, including Title IX funding.  This is something lawmakers who drafted Titles VII and Title IX never even considered.

As State Director of Concerned Women for America of South Dakota, I am gravely concerned about how this dictatorial order will impact the privacy and safety of South Dakota students.  Read CWA’s press release here.

Fifty-one families in Palatine, Illinois have filed a federal lawsuit against the DOE’s attempt  to reverse the Palatine public school’s transgender policy.  Click here to read the full story.

So far, governors and state leaders in twelve states have begun to push back against this outrageous and incredibly dangerous order. SOUTH DAKOTA IS NOT ON THE LIST.  At the time of this writing, only Attorney General Jackley has made a statement in support of HB1008, the Student Privacy Bill that was vetoed by our Governor.  Gov. Dennis Daugaard and Secretary of Education Melody Schopp have remained silent.  To be silent is to be complicit.  They just need to shred the lawless Obama Administration document.

We MUST take action! It is imperative that our state leaders, local school superintendents and local school board members hear from us TODAY!

1.Contact the following people and urge them to refuse to comply with the Obama directive, even if it means losing federal dollars and/or the threat of a lawsuit.  We cannot sacrifice our children and grandchildren on the altar of the money.

Gov. Dennis Daugaard
605-773-3212 or e-mail.

Attorney General Marty Jackley
605-773-3215 or e-mail.

South Dakota Secretary of Education
Melody Schopp
605-773-3134 or e-mail.

2. Contact both your local school superintendent and school board members.  Show up at the next regularly scheduled school board meeting and speak in opposition to the Obama directive.




Please pray that our leaders will have the courage to resist manipulation, pressure and the fear of man.