The governor of South Dakota is referred to as a “he” in the constitution.
However, the governor for the last six years has been a woman, Kristin Noem, who was the first woman to occupy the role. To modify the gendered terminology, the conservative Republican advocated for a constitutional amendment. However, the proposition that would have included nonbinary people was rejected by voters in the general election of 2024.
State constitutions across the country, which are becoming more and more antiquated, assume that officeholders are men. Prior to Noem resigning to join President Donald Trump’s Cabinet, a record of 13 women held the position of governor this year. According to Rutgers University’s Center for American Women and Politics, 2,469 women are currently serving in state legislatures.
The majority of states have not updated their constitutions to take into account the increasing representation of women in politics. Those that have include Vermont, where voters supported a transition from men to persons in 1994, and New York, which became gender-neutral in 2001.
In 2023, a legislative committee in Washington state put an end to an attempt to amend the state constitution. State Senator Mae Flexer of Connecticut has stated that she will attempt to amend the constitution once more during this year’s legislative session. In several states, such as California and Nevada, legislators are now referred to as assemblymembers rather than assemblymen or assemblywomen due to changes made within their legislatures.
The state constitution of Oregon still refers to the governor as “he” or “his,” despite the fact that three women have held the office. The same is true for senators, representatives, the treasury, the secretary of state, and even jurors in Oregon.
According to Debbie Walsh, director of the Center for American Women and Politics, language matters because it sends a message about values and belonging.
Noem called for an update to the state’s 1889 constitution at the start of her 2023 State of the State address.
According to Noem, the governor of South Dakota is required by the state constitution to tell the Legislature about the state’s problems and suggest any necessary measures before the start of each legislative session. You’ll notice that I didn’t say she. Perhaps we should amend the constitution to state that she does not.
Noem signed a bill a few months later that updated state law to use more gender-neutral language for male references, such as replacing “he shall deem” to “the Governor deems.” However, South Dakotans did not support changing the state’s foundational constitution, which requires voter approval.
Republican state senator Erin Tobin, who sponsored the bill, saw it as a means of honoring and reflecting the state’s advancements in electing women. She claimed that the ballot question’s usage of the pronoun contributed to the amendment’s failure.
The endeavor became intertwined with the more general conservative belief that nonbinary is not a valid gender identification. Others pointed to worries about the expense of implementing a change and the absence of advocacy for or against the measure.
Noem has a history of being against gender transitions, despite the fact that he and she are naturally accepting of many transgender persons who use such pronouns.
signed legislation in 2022 that forbade transgender girls and college-age women from participating in school sports leagues that corresponded with their gender identity, and in 2023 that forbade gender-affirming care for children.
After Trump issued an executive order last month ordering the federal government to recognize only two sexes—male and female—Noem left her position in late January to take charge of the U.S. Department of Homeland Security. Additionally, on Wednesday, Trump signed an executive order that forbade transgender athletes from playing women’s and girls’ sports.
In his 2024 presidential campaign, Trump made clear that he opposed transgender rights. Tens of millions of dollars were spent on anti-transgender attack advertisements by political action groups that were aligned with this group.
According to Tobin, if she hadn’t read the South Dakota bill, she would have voted against it. Titles and justifications for constitutional amendments are drafted by the state attorney general.
Rep. Brandei Schaefbauer, a Republican from South Dakota, was one among those urging voters to reject the bill.
Schaefbauer stated that she is against gender-neutral references but is in favor of using the pronouns he or she when referring to officeholders.
Schaefbauer stated that this was one of his main objections. Since we are both male and female, the constitution’s gender neutralization took away our individuality, and I don’t live my life that way.
“Male pronouns have long been understood to encompass all people, and their usage in the state constitution reflects the drafting convention at the time,” said Neil Fulton, dean of the University of South Dakota School of Law.
“We are aware that the South Dakota officeholder limits have never been construed to exclude female officeholders,” Fulton said. Why? We have had several female elected leaders throughout the state in the past, and we currently have a female governor. Furthermore, no one has ever contested that, thus there would not have been any significant change.
According to him, language usage and conventions change significantly over time, and supporters claimed that these norms are evolving. The use of masculine pronouns to refer to a person or group of people is discouraged by the state’s legislative drafting handbook.
— The Associated Press’s Sejal Govindarao
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