In 2017, South Dakota lawmakers declared online pornography a public health crisis. 2025 could finally be the year the legislature takes action to protect children from it.
A bill proposed by Rep. Bethany Soye – HB 1053 – would require adult websites to verify users are 18+ before granting access to the platform. A similar bill was attempted in the 2024 Legislative Session but was roadblocked in the Senate. This year, the bill was passed out of the House by a margin of 61-5 and once again heads to the Senate for approval. Proponents are optimistic that the bill has a higher chance of passing through the Senate this year thanks to the new makeup of the legislature after the November 2024 election.
The bill would use the state’s current standards to determine what constitutes “harmful content for children,” excluding scientific and artistic works. The bill summary also explains that it “stipulates that any third party conducting age verification on behalf of a covered platform must not retain any identifying information collected during the process,” thereby ensuring the privacy of users is protected. Similar methods are used for online banking, shopping, and accessing medical records online.
The bill establishes a legal framework for enforcing the law, starting with the attorney general notifying platforms of non-compliance. The platforms then have 90 days to rectify the error, and if they do so, they will not face legal repercussions. Any civil penalties that are collected by the attorney general will be deposited into the state general fund. The bill also notes that “the provisions do not apply to general-purpose search engines, internet service providers, or cloud service providers.”
If passed, South Dakota would join 19 other states in implementing such a measure. Currently, the US Supreme Court is reviewing a similar age verification law from Texas. A trade group for the adult entertainment industry initially filed the lawsuit, alleging the law violates the First Amendment. It is up to the Supreme Court to determine if a ruling from a New Orleans appeals court used the proper level of scrutiny when reviewing the case and allowing the law to stand.
“The court of appeals applied a less rigorous standard of review, known as rational-basis review,” law professor Amy Howe explained. “That test looks at whether the law advances a legitimate state interest and, if so, whether there is a rational connection between that interest and the law. By contrast, the more rigorous standard of review, known as strict scrutiny, requires the government to show that the law serves a compelling government interest and is narrowly drawn to advance that interest.”
The Washington Post reported that the U.S. Supreme Court seemed likely to rule in favor of Texas’s age verification law after oral arguments were heard last week, noting that the Justices seemed “skeptical” of the challenge. This means they are likely to agree with the appeals court that Texas only needs to show that the law is rationally related to pursuing the government’s interest in protecting children from pornography in order to stand.
A decision is expected from the Court by this summer. South Dakota legislators should move forward in implementing HB 1053 while that decision is pending. Please join us in prayer that HB 1053 will smoothly pass through the Senate, and that God’s favor will be upon Texas in the Supreme Court case.
