North Dakota Adopts Bill Letting Teachers Ignore Students’ Preferred Pronouns

An activist holds pins about gender pronouns on the University of Wyoming campus in Laramie, Wyo., on Aug. 13, 2022. Patrick Fallon/AFP via Getty Images

State lawmakers in North Dakota have passed a bill that would allow a range of government employees—including public school teachers—to ignore the preferred pronouns of transgender students or work colleagues.

The bill (pdf), which cleared the state Senate on Thursday on a 40–6 vote, now heads to Republican Gov. Doug Burgum’s desk for consideration. The measure passed with a veto-proof majority so, technically, it doesn’t need Burgum’s approval to become law.

The measure prohibits public school teachers from referring to transgender students by pronouns other than those reflecting their biological sex unless they have permission to do so from the student’s parents and a school administrator.

It also forbids government entities from forcing employees to refer to their colleagues by pronouns that are inconsistent with their biological sex.

Republican Rep. Karen Rohr, who backs the bill, said it includes language that Burgum has said, “he would have no objections to signing.”

North Dakota Gov. Doug Burgum (C) at a meeting in Washington, on Feb. 10, 2023. Anna Moneymaker/Getty Images

However, Burgum did veto a similar bill in March that would have prohibited public school teachers from referring to transgender students by pronouns inconsistent with their biological sex unless the student’s parents and a school administrator approve.

At the time, Burgum said in a letter to state Senate leaders that he thought the legislation would have made teachers’ jobs more challenging by requiring them to police pronoun use.

“The teaching profession is challenging enough without the heavy hand of state government forcing teachers to take on the role of pronoun police,” Burgum said in a letter to state Senate leaders. “Parents, teachers, and administrators using compassion, empathy, and common sense can address individual and infrequent situations that may arise.”

North Dakota legislators failed to override Burgum’s veto of that version of the bill, so it didn’t become law.

It is unclear whether Burgum intends to sign the current version of the legislation. A spokesperson from his office told The Epoch Times that Burgum does not comment on bills before they reach his desk.

However, because the measure passed with a veto-proof majority, even if the governor were to veto it, state lawmakers could override it and it would then become law.

The bill would also become law if it remains on Burgum’s desk without a signature for three days.

Other Measures

Burgum has signed several bills into law this month restricting transgender rights, including one that protects the rights of individuals who object to transgender people using their spaces, such as bathrooms.

The governor on Thursday signed a bill prohibiting transgender people in North Dakota from using bathrooms, locker rooms, and showers in places like college dorms and jails that don’t match their biological sex.

Republican Rep. Jeff Hoverson, who supported the bill, said Wednesday that the idea of bathrooms being restricted to people of a given sex should be a no-brainer.

“Why would you not want a men’s bathroom to be for men, and a women’s bathroom to be for women?” he said Wednesday.

With the measure becoming law, North Dakota has joined Alabama, Arkansas, Idaho, Iowa, Kentucky, Oklahoma, and Tennessee as the eighth state to have laws requiring people to use bathrooms corresponding to their sex.

A trans rights activist wears an earring featuring a 'they' pronoun symbol, during a protest in London, England, on Jan. 17, 2023. Dan Kitwood/Getty Images

Last week, Burgum signed a bill that makes it a crime to perform gender transition procedures on people younger than 18.

That measure also received veto-proof support from state lawmakers.

Earlier this month, Burgum signed a transgender athlete ban into law after it cleared the state House and Senate with veto-proof majorities.

However, back in 2021, Burgum vetoed a bill that would have imposed a transgender athlete ban that was not passed with a veto-proof majority.

Republican lawmakers across the country have moved to restrict gender transition procedures for minors.

The Associated Press contributed to this report.