PIERRE, S.D.(WNAX)- The bill to protect fairness in women’s sports was up for debate in the South Dakota Senate Wednesday.

The bill would prohibit transgender students from taking part in any women’s or girls’ athletic competition.

Republican Senator Mary Duvall of Pierre says this version is better than the one she voted against last year.

Democratic Senator Reynold Nesiba of Sioux Falls says it’s a waste of time and money.

Republican Senator Art Rusch of Vermilion says the legislature should wait until legal cases in other states are settled.

The bill passed on a vote of twenty-six to seven and will next be heard in a House committee. 

The ACLU of South Dakota opposed Senate Bill 46.  By singling out transgender women and girls, Senate Bill 46 violates both the United States Constitution and Title IX of the Civil Rights Act, which protects all students – including those who are transgender – from discrimination based on sex.