The governor of South Dakota is addressed as “he” under the state’s constitution.
However, Kristi Noem, the first woman to serve as governor, has been a “she” for the last six years. To remove the sexist phrase from the constitution, the conservative Republican advocated for an amendment. Voters in the general election of 2024 also turned against a provision that would have included nonbinary persons.
Presuming males are the natural candidates for public office is an antiquated and widespread assumption in state constitutions throughout the country. Prior to Noem’s resignation to join President Trump’s Cabinet, a record number of thirteen women were holding the office of governor this year. The Center for American Women and Politics at Rutgers University reports that 2,469 women are now sitting in state legislatures.
The majority of states’ constitutions still don’t provide for women’s increased political participation. Among those that have changed include Vermont’s, which went from “men” to “persons” in 1994, and New York’s, which became gender-neutral in 2001.
In 2023, a legislative committee in Washington state rejected a plan to revise the state constitution. This year’s legislative session will be Sen. Mae Flexer’s second attempt at amending the constitution in Connecticut. A few states’ legislatures have adopted the term “assemblymember” for legislators rather than “assemblymen” or “assemblywomen.” This move was made in places like California and Nevada.
“Language matters, it conveys a message about values, it conveys a message about who belongs,” said Debbie Walsh, director of the Center for American Women and Politics.
The state’s constitution was drafted in 1889, and Noem started her 2023 State of the State speech by urging its revision.
The governor of South Dakota is obligated by the state constitution to address the Legislature at the outset of each legislative session by updating them on state matters and proposing any actions he deems essential, according to Noem. Look, I omitted the pronoun “she.” “Maybe we should fix that sometime,” one may remark, “because the constitution doesn’t say she.”
A few months down the road, Noem put his signature to a measure that would have changed some of the terminology used to allude to men in state statutes to something more neutral, such “the Governor deems” instead of “he shall deem.” Unfortunately, South Dakotans didn’t approve of the amendment that would have changed the state’s founding constitution.
Republican state senator Erin Tobin conceived of the measure as a means to commemorate and showcase the state’s advancements in electing women. It was her contention that the inclusion of the term “pronoun” in the ballot question contributed to the amendment’s failure.
It tainted the campaign with the conservative view that “nonbinary” does not constitute a valid gender identity. Others voiced worries about the change’s financial impact and the absence of advocacy on either side of the issue.
Despite the fact that many transgender persons use the pronouns “he” and “she” innately, Noem has a history of opposing gender transformations.
In 2023, Noem signed a measure that forbade youth care that affirms gender identities; in 2022, she signed a bill that forbade transgender girls and women of college age from participating in interscholastic athletic leagues that correspond to their gender identification.
Following Trump’s executive order last month requiring governmental recognition of just two sexes (male and female), Noem quit her position at the end of January to take charge of the United States Department of Homeland Security. Another executive order that Trump signed on Wednesday sought to ban transgender athletes from competing in women’s and girls’ sports.
During his campaign for president in 2024, Trump made clear his disapproval of transgender rights. Tens of millions of dollars were spent on anti-transgender attack advertising by aligned political action organizations.
According to Tobin, she would have cast a no vote if she had not been aware with the South Dakota bill. Titles and explanations for constitutional amendments are written by the state’s attorney general.
State Representative Brandei Schaefbauer (R-South Dakota) was one of those who urged voters to reject the initiative.
Referring to officeholders as “he” or “she” is OK, according to Schaefbauer, but she is against using gender-neutral language.
An objection that Schaefbauer cited as a major reason against the measure was this. “We are male and female, and when the constitution made that change, it stripped people of their individuality, and I refuse to live my life that way.
According to Neil Fulton, dean of the University of South Dakota School of Law, the state constitution’s use of male pronouns—which have traditionally been believed to embrace all people—reflects the drafting norm of the time.
The constraints on officeholders in South Dakota have never been seen as prohibiting female officeholders, according to Fulton. “Why? We had a female governor and several other female state legislators in the past. Furthermore, nobody has ever disputed that, so there would have been no real change.
He asserted that linguistic norms and use change “dramatically” over time, with advocates claiming that these norms are in fact shifting. Using male pronouns to refer to people or groups is discouraged in the state’s legislative drafting handbook. _ Pivotal Ventures is a financial backer of reports about women in state government and the workforce that appear in the Associated Press. Responsibility for all content rests entirely with AP. You may see AP’s guidelines for collaborating with foundations, a roster of backers, and sponsored news segments on AP.org.