US culture wars dominated North Dakota’s legislative session
North Dakota’s House and Senate have adjourned, capping a session in which state lawmakers aggressively passed bills to restrict transgender rights, abortion access and library content — offering a glimpse of how Republican-controlled states have responded to these national hot-button issues.
Republican Gov. Doug Burgum has until May 19 to act on pending bills passed by the Legislature before lawmakers adjourned early Sunday. Here is where they landed.
TRANS RIGHTS
House and Senate lawmakers passed several bills with veto-proof majorities that were signed into law by the governor and place sweeping restrictions on transgender people in North Dakota.
The new laws prohibit transgender girls and women from joining female sports teams in K-12 and college. They also criminalize health care providers who give gender-affirming care to minors. And they limit transgender children and adults in accessing the bathrooms, locker rooms and shower rooms of their choice in state-run colleges and correctional facilities.
Burgum has not yet acted on a bill — which also passed both chambers with veto-proof majorities — that would allow teachers and government employees to ignore the pronouns their transgender colleagues and students use.
The bill also would require teachers to tell a student’s parent or legal guardian if the student identifies as transgender. And, it would prohibit transgender students from using the bathroom of their choice, unless they have approval from a parent or guardian.
It’s all part of a larger push by Republicans across the U.S. to roll back LGBTQ+ rights.
At least 21 states have restricted or banned female transgender athletes’ participation in female sports, and at least 14 states have restricted or banned gender-affirming care for minors. Additionally, at least eight states have enacted laws preventing transgender people from using the restrooms associated with their gender identities.
ABORTION ACCESS
Burgum signed a bill into law that expands public assistance for pregnant women, days after he signed a law that bans abortion at all stages of pregnancy with narrow exceptions. Both measures passed the Legislature with veto-proof majorities.
Abortion is still legal in pregnancies caused by rape or incest, but only in the first six weeks of gestation. After that, there is no exception for rape or incest. Abortion is also allowed later in a pregnancy in specific medical emergencies.
The new abortion ban was intended to replace a previous one, which had even fewer exceptions. The North Dakota Supreme Court ruled in March that the previous ban will remain blocked while a separate lawsuit over its constitutionality proceeds.
Last year’s U.S. Supreme Court ruling that overturned the 1973 Roe v. Wade decision — and dissolved a nationwide right to abortion — has triggered multiple state laws banning or restricting the procedure. Many have been met with legal challenges.
At least 13 other states have bans in place for abortion at all stages of pregnancy, while a handful of others have prohibitions throughout pregnancy where enforcement has been blocked by courts.
LIBRARY CONTENT
Burgum vetoed a bill that would have required librarians — under threat of criminal penalty — to screen sexually explicit materials from children, but signed another bill barring explicit materials from the children’s sections of local and school libraries.
Senate lawmakers voted to override Burgum’s veto, but House lawmakers voted to let his veto stand. Supporters of the bill had said exposure to sexually explicit material is devastating for young people, whereas opponents had said the bill to criminalize librarians goes too far.
Attempted book bans and restrictions on libraries have surged around the country, setting a record in 2022, according to the American Library Association. Some books have been targeted by liberals citing racist language, while other books with LGBTQ+ or racial themes have been targeted by conservatives.
Bills to restrict books have been proposed or passed in Arizona, Iowa, Texas, Missouri, Oklahoma, Florida and other states.
ENVIRONMENTAL ISSUES
Legislation that failed to pass is equally important. It includes a resolution that would have enabled the Fort Berthold Reservation to track air and water pollution from oil and gas development on its land, which covers one of the state’s largest oil patches. And, it includes a resolution that would have helped the reservation address oil-related spills on state highways within its borders.
Additional bills that were struck down would have granted landowners more rights in the eminent domain process as a company — Summit Carbon Solutions — builds a massive carbon capture pipeline underground across the state.
On the other hand, climate-related bills that passed into law include one giving tax incentives to oil companies for fracking, or “restimulating” old oil wells in the state through hydraulic fracturing. It includes another bill to dramatically expand child care assistance — with the intention of attracting more oil workers to the state, along with workers in other industries as North Dakota deals with its ongoing workforce shortage.
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This story has been corrected to say that Summit Carbon Solutions is building a carbon capture pipeline underground across the state, not under people’s homes.
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Trisha Ahmed is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Trisha Ahmed on Twitter: @TrishaAhmed15