- Details
- By Darren Thompson
PIERRE, S.D. — Senate Bill 166 unanimously passed in the South Dakota Senate Judiciary Committee Thursday morning, making the bill the first time a state government in United States history has approved protections for Native American Two-Spirit individuals.
Native News Online reported on Feb. 16, 2021 that SB 166 includes provisions of existing laws that would protect individuals based on sexual orientation and gender identity with specific identification as Native American Two-Spirit.
“Senate Bill 166, an act to revise provisions regarding hate crimes, was voted and passed unanimously today in the Senate Judiciary Committee,” said Sen. Red Dawn Foster (Oglala Lakota) to Native News Online.
South Dakota law does not prosecute hate crimes based on gender identity or sexual orientation. Federal law has protected both categories since 2009, when the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Barack Obama. Hate crimes committed on the basis of the victim's sexual orientation or gender identity can be prosecuted in federal court.
“These additions will bring our state hate crime law up to par with federal standards,” said Foster. “Currently, our state law does not include color, disability, sex, sexual orientation, and gender identity, including Native American Two-Spirit. This bill adds these characteristics and makes sure that everyone in South Dakota is equally protected.”
The bill is one of Sen. Foster’s first sponsored bills and is up for a full debate and vote in the South Dakota State Legislature next week.
“I am looking forward to pitching this bill next on the senate floor next week,” Foster said.
The bill, if approved, will expand the prosecution of hate crimes to include race, color, ethnicity, religion, ancestry, national origin, disability, sex, sexual orientation, gender identity, or identification as a Native American Two-Spirit, making it a a Class 6 felony if a person maliciously and with specific intent to intimidate or harass any other person or group of persons in whole or in part because of that person's or group of persons' actual or perceived class.
More Stories Like This
A Message from EEOC Chair Charlotte A. Burrows for 2023 Native American Heritage MonthToday is Native American Women's Equal Pay Day. Here's Why It Matters.
THIS DAY IN HISTORY: 230 Cheyenne & Arapaho Massacred at Sand Creek
Native ‘water warriors’ took to canoes during recent Port of Tacoma protest. Here’s why
Rep. Grijalva to Hold Historic and Cultural Preservation Roundtable at Close of Native American Heritage Month
Together, we can educate, enlighten, and empower.
November is celebrated as “Native American Heritage Month.” At Native News Online, we amplify Native voices and share our relatives’ unique perspectives every day of the year. We believe every month should celebrate Native American heritage.If you appreciate our commitment to Native voices and our mission to tell stories that connect us to our roots and inspire understanding and respect, we hope you will consider making a donation this month to support our work. For those who commit to a recurring donation of $12 per month or more, or make a one-time donation of $150 or greater, we're excited to offer you a copy of our upcoming Indian Boarding School publication and access to our quarterly Founder’s Circle meetings and newsletter.