PHOENIX — South Dakota’s constitution currently refers to the governor using male pronouns.
However, for the past six years, the state has been led by Kristi Noem, the first female governor. Recently, Noem proposed a constitutional amendment to replace the gendered language, but voters rejected this measure during the 2024 general election. The amendment aimed to create inclusivity for nonbinary individuals as well.
This struggle is not unique to South Dakota; across the nation, many state constitutions reflect outdated gender norms. A record 13 women held gubernatorial positions as of this year, which has highlighted the need for constitutional modernization. Currently, approximately 2,469 women serve in state legislatures, according to recent statistics.
Few states have updated their constitutions to be more inclusive. Notably, New York adopted gender-neutral language in 2001, and Vermont made similar changes in 1994. Attempts in Washington state to revise their constitution failed in 2023, while in Connecticut, efforts to revise are underway once again.
“Language matters; it conveys a message about values and inclusion,” said a representative from the Center for American Women and Politics.
During her 2023 State of the State address, Noem emphasized the need to reform South Dakota’s 1889 constitution, stating, “The constitution requires the governor to start each legislative session with information, and it refers to the governor as ‘he.’ Maybe we should fix that.”
Later on, she signed a bill to shift state law towards gender-neutral terms. However, changing the constitution requires voter approval, which was not granted in this instance.
State Sen. Erin Tobin, who sponsored the bill, believed it would recognize progress in female representation but noted that the ballot’s inclusion of the term “pronoun” complicated the matter. This wording became entangled with wider conservative beliefs regarding gender identity, contributing to the amendment’s defeat.
Despite recognizing that “he” and “she” can be inclusive, Noem has vocally opposed measures supporting gender transition.
In addition to her controversial stances, Noem recently stepped down from her position to join the U.S. Department of Homeland Security under the Trump administration, which has also taken steps to limit federal recognition of gender identity.
Some Republican representatives, including state Rep. Brandei Schaefbauer, voiced strong opposition to the proposed amendment, asserting their preference for traditional gendered language in official contexts.
Neil Fulton, dean at the University of South Dakota School of Law, explained that masculine pronouns have historically been viewed as inclusive, maintaining that the presence of female officeholders in South Dakota illustrates that these conventions do not preclude diversity in leadership.
As conversations around language and inclusivity continue, the recent rejection of the amendment underscores the ongoing debate about gender representation in governance and the need for constitutional updates.
