By Katie Whitefield
States that are targeting LGBTQ people are paying a price after South Dakota settles with, and apologies to, a transgender group that sued.
A transgender and gender nonconforming advocacy group, The Transformation Project, sued the state of South Dakota for terminating a contract with the organization, as reported by the Associated Press. South Dakota Governor Kristi Noem and her health secretary apologized for the incident and agreed to pay $300,000 for the settlement.
Attorneys for the Transformation Project announced the settlement at the beginning of February. The legal conflict ensued when the state abruptly canceled a contract for a community health worker, Jack Fonder, in December of 2022. This agreement included a $136,000 federal grant which would help to hire and train a health worker to connect LGBTQ community members to healthcare. The Transformation Project received around $39,000 of the grant before the contract was terminated.
Reflecting on the abrupt termination of his position, Jack Fonder, The Transformation Project community health worker, told GLAAD, “Shortly after I had left my job at Citibank, I got my certification and was just kind of getting into doing the work. And our governor, Kristi Noem, decided that she wasn’t okay with the people that we were serving. So she decided to pull our grant money… that was jarring. I had literally just left my job. I have a wife, I have kids, I have a family to take care of.”
The removal of funding not only jeopardizes the nonprofit’s success, and the financial wellbeing of employees, it hurts the staff’s ability to effectively serve the LGBTQ South Dakota population. However it does put elected officials and the agencies they lead on notice to work against illegal and discriminatory behavior. Lead attorney Brendan Johnson told the AP, “This settlement marks a significant milestone in our ongoing commitment to civil rights advocacy.”
South Dakota Department of Health Secretary, Melissa Magstadt, signed an apology letter that was sent out to the Transformation Project. The apology included that all South Dakota citizens are entitled to equal treatment under the law. Moreover, that no person should be excluded from participation or denied benefits because of their identity.
Jack Fonder emphasized the impact of the ruling. “I think that really did send a message to all queer folks in South Dakota, that you do belong here. You’re welcome here just like everybody else, and you have somebody in your corner fighting for you, or we won’t stop fighting that fight.”
Susan Williams, Executive Director of the Transformation Project, said that the organization was “vindicated” by the settlement. Despite attempts to limit equality, many advocates from the LGBTQ+ community as well as allies have continued to fight against these discriminatory acts.