Reuters – The South Dakota House of Representatives failed on Thursday to override a veto by Governor Dennis Daugaard of a bill that would have made the state the first in the United States to dictate what bathrooms transgender students can use in public schools.

By a vote of 36-29, supporters of the bill did not muster the two-thirds vote required in both chambers to override the veto. The Republican-controlled House had approved the bill beyond that threshold in January.

South Dakota House fails to override veto of transgender bathroom bill - 03 MarchThe proposed law would have required transgender pupils to use restrooms and locker rooms in public schools that correspond to their gender at birth.

Supporters, including conservative Christian groups such as Family Heritage Alliance Action, said the bill would enhance the privacy of all students.

But civil rights groups said the measure would expose schools to legal challenges over access to restrooms and that it violated Title IX, a federal rule regarding discrimination in public schools.

“Fairness and equality have prevailed over this unconscionable legislative assault on transgender children,” said Chad Griffin, president of the Washington-based Human Rights Campaign, a gay, lesbian, bisexual and transgender civil rights organization, reacting to the vote on Thursday.

The bill would have required schools to provide “reasonable” accommodations for transgender students. Those accommodations include a single-occupancy restroom, a unisex restroom or the supervised use of a restroom, locker room or shower room designated for use by faculty.

In vetoing the bill on Tuesday, Daugaard, a Republican, said it would invite conflict and litigation, diverting resources from education.

In December, a suburban Chicago school district reached an accord with the U.S. government over locker room access for a transgender student after the U.S. Department of Education’s Office of Civil Rights found the district discriminated against the student in violation of Title IX.

Daugaard’s veto came about a month right after a U.S. appeals court heard arguments more than regardless of whether a high school in Virginia should really be ordered to permit a transgender male student to utilize the boys’ bathroom.

Last week, neighborhood lawmakers in Charlotte, North Carolina, voted to allow transgender people today to use public bathrooms matching their gender identity. Republican State Property of Representatives Speaker Tim Moore mentioned he would take into account legislation to block the measure.

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