"How Can You Enforce this?" DNA Pronouns Bill Fails In North Dakota

In North Dakota, a bill was put forward that would force anyone receiving public money to misgender transgender people based on their "DNA." That bill failed 7-0 .

“How do you plan on enforcing this bill?” It was a simple question asked of Senator Clemens, one of the authors of a new bill released in North Dakota. This bill, SB2199, would ban any entity or person receiving public money from using a transgender person’s pronouns that were not “associated with their deoxyribonucleic acid.” Upon release of the bill, it was panned across the internet and in activist circles. However, because the bill had 6 sponsors, some people - including activists in North Dakota - took it very seriously. In a hearing room, people packed tightly ready to deliver testimony against the bill. That testimony began with a bang when the bill’s own sponsor could not answer very simple questions coming from the Republican-controlled Senate Judiciary Committee.

“How do you plan on enforcing this bill?” was the question. The answer was ineffective stammering. Sen. Clemens only reply to this was that the mechanism of enforcement was not necessary. Upon being pressed further on the reliance of the bill on DNA testing in order to determine which pronouns to use, Sen. Clemens seemed similarly confused. He stated, for instance, that he was “not sure” of how much they cost but that “to determine whether you are male or female is probably the simplest test of a DNA [sic].” Watch the entire exchange with Sen. Clemens here:

Sen. Clemens seemed to be entirely unable to even determine who would pay the fine and who would be responsible for getting DNA tests. He was asked, for instance, if somebody misgendered him and called him by female pronouns - would he then be forced to get a DNA test? He said no. However later, he gave an example of a trans kid being misgendered and stated that the trans kid would indeed need to pay for a DNA test - apparently, his intention is only to make trans people prove their “biological sex” and not cis people. He was also asked about intersex people, to which he had absolutely no answer. He stated that he was aware that intersex people exist, but oddly stated that “a DNA test will prove what they are.”

Opposition testimony came swiftly. One of the people at the hearing noted that there were over 92 people delivering in person or written testimony to the committee, all opposed to the bill. There was not a single bit of testimony in favor of the bill. One of the most powerful takedowns of SB2199 was done by Christina Sambor, who noted several problems with the bill. Watch her testimony:

Christina Sambor, representing the North Dakota Human Rights coalition, pointed out that the bill itself was drafted in an incredibly sloppy manner. She noted that the bill “requires an imprecise and indiscernible group of people and entities to engage in unclear conduct around unknowable characteristics.” Importantly, she later noted in her testimony, the bill would require several entities, organizations, and people to pause interactions before they gender somebody in order to obtain a DNA test to protect themselves from violating the law. The idea is on its face, absurd.

Also testifying at the hearing was a younger transgender woman named Celeste McCash. She spoke about her personal experiences with transitioning in North Dakota and also brought up important ways that the law breaks down in regular use. She pointed out that her mere presence would cost her college as well as some of the committee members thousands of dollars due to her gender identity and the way they interact with her. Disgustingly, she was misgendered at the end of her testimony. See here:

Despite the blatant transphobia on display at the hearing by the committee members, it was clear that the bill was unworkable. Before the final vote was taken on the bill, the members discussed how they had several more bills coming through that would accomplish similar results in a cleaner manner. They voted the bill “Do Not Pass” unanimously 7-0.

Other bills will be working their way through North Dakota’s legislature. Already, one bill that mandates “biological sex” on birth certificates has passed a full house floor vote and has been received by the North Dakota senate. Another bill would ban gender affirming care for trans youth. I take the North Dakota senators in the committee at their word that they will continue to target the trans community. I also take the presence of a packed room full of activists as a sign that they will not do so without a fight.