Utah Constitutional Amendment A, Gender-Neutral Constitutional Language Amendment (2020)

Utah Constitutional Amendment A
Election date November 3, 2020
Topic Constitutional language
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Utah measuresUtah Constitutional Amendment AUtah Constitutional Amendment BUtah Constitutional Amendment CUtah Constitutional Amendment DUtah Constitutional Amendment EUtah Constitutional Amendment FUtah Constitutional Amendment GSubmit

Utah Constitutional Amendment A, the Gender-Neutral Constitutional Language Amendment, was on the ballot in Utah as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported the amendment to remove gendered language in the Utah Constitution and replace it with gender-neutral language.

A "no" vote opposed amending the state constitution's language to be gender-neutral.

Election results

Utah Constitutional Amendment A
Result		Votes	Percentage
Yes		828,629	57.69%
No		607,829	42.31%

Results are officially certified.

Source

Overview

What was Constitutional Amendment A designed to do?

See also: Ballot language and constitutional changes

The amendment was designed to remove gender-specific language in the state constitution and replace it with gender-neutral language. Approval of the amendment provided for updates to constitutional language to say things like "all persons" rather than "all men." The updated language was set to go into effect on January 1, 2021.

How did this amendment get on the ballot?

See also: Path to the ballot

This amendment passed unanimously in the Legislature except for legislators who were absent or not voting.

Text of measure

Ballot question

The ballot question was as follows:

“

Shall the Utah Constitution be amended to change words that apply to a single gender (such as the word 'men') to words that are not limited to a single gender (such as the word 'persons')? For ( ) Against ( )

”

Constitutional changes

See also: Utah Constitution

The measure amended sections in Articles I and VI of the Utah Constitution. The following underlined text was added and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

Article I, Section 1. [Inherent and inalienable rights.]

All men persons have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.

Article I, Section 11. [Courts open -- Redress of injuries.]

All courts shall be open, and every person, for an injury done to him in his the person in his or her person, property, or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or with or without counsel, any civil cause to which he the person is a party.

Article I, Section 12. [Rights of accused persons.]

In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his the accused's own behalf, to be confronted by the witnesses against him the accused, to have compulsory process to compel the attendance of witnesses in his the accused's own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself or herself; a wife person shall not be compelled to testify against her husband, nor a husband against his wife the person's spouse, nor shall any person be twice put in jeopardy for the same offense. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided by statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined by statute or rule in whole or in part at any preliminary examination to determine probable cause or at any pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined by statute or rule.

Article VI, Section 7. [Ineligibility of legislator to office created at term for which elected.]

No member of the Legislature, during the term for which he the member was elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he the member was elected.

Article VI, Section 20. [Service of articles of impeachment.]

No person shall be tried on impeachment, unless he the person shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he the person shall not exercise the duties of his office until he shall have been acquitted.

Article VI, Section 33. [Legislative auditor appointed.]

The Legislature shall appoint a legislative auditor to serve at its pleasure. The legislative auditor shall have authority to conduct audits of any funds, functions, and account in any branch, department, agency or political subdivision of this state and shall perform such other related duties as may be prescribed by the Legislature. He The legislative auditor shall report to and be answerable only to the Legislature.

Impartial analysis

The impartial analysis for Constitutional Amendment A was included in the 2020 voter guide was as follows:

“ Current Provisions of the Utah Constitution The current Utah Constitution uses words in some sections that apply to a single gender. These words include men, he, his, and him. When these sections were drafted, it was common to use words that apply to a single gender. Effect of Constitutional Amendment A Constitutional Amendment A changes words in the Utah Constitution that apply to a single gender to reflect the more current practice of using words that are not limited to a single gender. For example, in one section the Amendment changes the word 'men' to the word 'persons,' and in other sections the Amendment changes 'he' to 'the person.' Effective Date If approved by voters, Constitutional Amendment A takes effect on January 1, 2021. ”

Fiscal impact statement

The fiscal impact statement for Constitutional Amendment A was as follows:

“

The Legislative Fiscal Analyst has determined that Constitutional Amendment A will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

”

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Office of Legislative Research and General Counsel wrote the ballot language for this measure. The FKGL for the ballot title is grade level 15, and the FRE is 53. The word count for the ballot title is 35, and the estimated reading time is 9 seconds.

Support

Supporters

Officials

• Utah State Senator Deidre Henderson (R)
• Utah State Representative John Knotwell (R)

Arguments

• Utah State Senator and measure sponsor Deidre Henderson (R): "There are 237 sections in the Utah Constitution and six of them are written a little bit out of alignment with the rest of them. For example, in the criminal section, it refers to all the criminals as 'him' and 'his' ... we're just changing the 'him' and 'his' to 'his or hers or persons' and that brings it into alignment with the other 231 sections of the Utah Constitution."

Official arguments

• Senator Deidre Henderson (R) and Representative Candice Pierucci (R) (Voter Guide): "The Utah Constitution has 237 sections. Constitutional Amendment A makes technical changes to the terminology in six of those sections, bringing them into conformity with the other 231. Uniformity of language is important in the state constitution and state statute. When the Legislature passes bills, the terminology in existing law is regularly updated. However, all changes to the Utah Constitution require a vote of the people. This amendment does not alter the substance or meaning of any part of the Utah Constitution. It is simply a technical update to the language in six out of the 237 sections of the Utah Constitution. The Legislature voted unanimously for this proposed amendment. We ask you to vote FOR Constitutional Amendment A."

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Official arguments

No arguments were submitted for the 2020 voter guide in opposition to Constitutional Amendment A.

Campaign finance

See also: Campaign finance requirements for Utah ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Background

Amendments to neutralize gender in state constitutions

The following measures were proposed to amend state constitutions to be gender-neutral. Of the nine proposed measures, five were approved. The measures are listed below:

• New York Gender-Neutral Language Amendment, Proposal 1 (2001) a
• Nebraska Gender Neutral State Constitution, Amendment 2 (2000) d
• New Hampshire Gender-Neutral Language Amendment (1998) d
• Wisconsin Gender-Neutral Language in State Constitution, Amendment 2 (April 1995) d
• Maine Removal of Gender Biased Constitutional Language, Question 7 (1988) a
• Maryland Gender Neutral Reference in the Maryland Constitution, Question 1 (1982) a
• Wisconsin Gender Neutral Wording Amendment, Question 1 (1982) a
• New Hampshire Constitution Bill of Rights Gender-Neutral Language Amendment (1980)d
• California Proposition 11, Gender-Neutral Language in State Constitution (1974) a

Referred amendments on the Utah ballot

From 1996 through 2018, the state legislature referred 42 constitutional amendments to the ballot. Voters approved 38 and rejected four of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was between three and four. The approval rate at the ballot box was 90.48 percent during the 22-year period from 1996 through 2018. The rejection rate was 9.52 percent.

Legislatively-referred constitutional amendments, 1996-2018
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
42	38	90.48%	4	9.52%	3.50	3.00	1	6

Path to the ballot

See also: Amending the Utah Constitution

In Utah, both chambers of the state legislature need to pass a constitutional amendment by a two-thirds vote during one legislative session to refer an amendment to the ballot.

The amendment was introduced into the legislature as Senate Joint Resolution 7 on January 29, 2019. The Senate approved the measure unanimously on February 26, 2019, except that two Republican Senators, Allen Christensen and Jerry Stevenson were absent. On March 6, 2019, the House passed SJR 7 unanimously except for the 10 Republicans and two Democrats who were absent or not voting.

The amendment must be approved by a majority of voters voting in the general election, not just a majority of voters voting on the amendment.

Vote in the Utah State Senate February 26, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	27	0	2
Total percent	93.10%	0%	6.90%
Democrat	6	0	0
Republican	21	0	2

Vote in the Utah House of Representatives March 6, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	63	0	12
Total percent	84.00%	0.00%	16.00%
Democrat	14	0	2
Republican	49	0	10

How to cast a vote

See also: Voting in Utah

Click "Show" to learn more about voter registration, identification requirements, and poll times in Utah.

How to cast a vote in Utah

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times Utah is an all-mail voting state that offers vote centers for voters that choose to vote in person. All vote centers are open from 7 a.m. to 8 p.m. local time. Utah voters are able to vote in person at any vote center. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Pre-registration is available for 16- and 17-year-olds. 17-year-olds may vote in primary elections if they will turn 18 by the general election. Registration can be completed online or by mailing in a form. The deadline to register online or by mail is 11 days before Election Day. After this deadline, voters may register in person at a vote center by casting a provisional ballot and providing two forms of identification. Automatic registration See also: Automatic voter registration Utah does not practice automatic voter registration. Online registration See also: Online voter registration Utah has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Utah allows same-day voter registration at polling places during the 10 days preceding and on Election Day. Residency requirements Prospective voters must be residents of the state for at least 30 days before the election. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Utah does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a person who commits fraudulent registration is "guilty of a class A misdemeanor" under Utah Code 20A-2-401. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Utah lieutenant governor’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Utah requires in-person voters to present non-photo identification while voting. The following list of accepted ID was current as of May 2025: “ "Valid voter identification" means: a form of identification that bears the name and photograph of the voter which may include: a currently valid Utah driver license; a currently valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; a currently valid identification card that is issued by: the state; or a branch, department, or agency of the United States; a currently valid Utah permit to carry a concealed weapon; a currently valid United States passport; or a currently valid United States military identification card; one of the following identification cards, regardless of whether the card includes a photograph of the voter: a valid tribal identification card; a Bureau of Indian Affairs card; or a tribal treaty card; or two forms of identification not listed under Subsection (79)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election; before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election; a certified birth certificate; a valid social security card; an original or copy of a check issued by the state or the federal government, dated no more than 90 calendar days before the date of the election; an original or copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election; a currently valid Utah hunting or fishing license; certified naturalization documentation; a currently valid license issued by an authorized agency of the United States; a certified copy of court records showing the voter's adoption or name change; a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; a currently valid identification card issued by: a local government within the state; an employer for an employee; or a college, university, technical school, or professional school located within the state; or a current Utah vehicle registration. ” Click here for the Utah statute defining accepted ID to ensure you have the most current information.

See also

2020 measures

• 2020 ballot measures
• Constitutional language on the ballot

Utah

• Utah ballot measures
• Utah ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 7
• Statewide Ballot Questions