SOUTH DAKOTA – A transgender woman, sought to have her sex designation changed from male to female in South Dakota.  The request to have the name “Sigrid Kristiane Nielsen” put on Nielsen’s birth certificate which stated “Michael Christian Nielsen.” She alleged that her “gender marker” had changed from male to female, as recognized by a Minnesota court decree.  Her request was supported by a Minnesota Driver’s License and a Passport, both of which identified Nielson as “female.” 

Nielsen’s request was presented to Circuit Judge Margo Northrup in Hughes County. Judge Northrup denied the request. Nielsen appealed to the South Dakota Supreme Court, arguing that the trial court denied her equal protection under the U.S. Constitution and also denied her of a “liberty interest” protected by the Due Process Clause. In a lengthy opinion handed down today, March 5, the high Court upheld Judge Northrup’s ruling.   

All five justices voted to affirm. The Court’s opinion is authored by Justice DeVaney.  Justice Salter filed a concurring opinion in which he specifically endorses a concurring opinion by U.S. Supreme Court Justice Alito in a recent decision, [United States v. Skrmetti, 605 U.S. 495, 559 (2025)].  Chief Justice Jensen endorsed Justice Salter’s concurring opinion (endorsing Justice Alito).  Newly appointed Justice Gusinsky did not participate in this case.The South Dakota Supreme Decision has been published as AMENDED BIRTH CERTIFICATE OF NIELSEN, 2026 S.D. 12. A copy of the decision may be obtained by accessing the Supreme Court website or contacting the reporter at Roger.Baron@gmail.com .