It can be easy to forget about gubernatorial races as we head towards the midterms. They are, ultimately, state-level elections at a time when we’re focused on national problems. The balance of power in the Senate and the House of Representatives is the focal point for many of us as we hunt for a way to stem the bleeding caused by Donald Trump.
But governors wield a huge amount of power, especially when it comes to protecting trans rights. There’s a lot a governor can do to make a state safer for trans people (see Tim Walz’s work to make Minnesota a trans refuge). But, just by using their veto power, governors can do a lot to save trans lives between now and the next presidential election.
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If a state legislature takes it upon itself to pass anti-trans laws, whether that means targeting gender-affirming care, legal gender recognition, or access to bathrooms and sports, a governor can stop that in its tracks. If a governor vetoes a bill, the only recourse the legislature has to still enact the law is either to secure a supermajority to override the veto or to reintroduce the bill in the next session, fully aware that it might be vetoed again.
But how often does that really happen? How much are governors putting a stop to this anti-trans legislation? More than you think.
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There are currently eleven states where neither the Republicans nor the Democrats hold a complete trifecta across the governor’s mansion, the House, and the Senate. Two of those are borderline, with Democrats holding Minnesota’s governorship and Senate, but with an equal split in the House between the parties. Alaska has a Republican governor, but both the House and Senate are split 50/50.
But five of the states have Democratic governors with Republican Houses and Senates: Arizona, Kansas, Kentucky, North Carolina, and Wisconsin. All of those states voted for Trump in 2024. But they also all installed Democratic governors.
And every one of those five governors has vetoed anti-trans legislation to protect trans people in their state. Andy Beshear in Kentucky has repeatedly vetoed legislation. Tony Evers in Wisconsin just vetoed five bills that would have restricted trans access to both gender-affirming care and sports. Laura Kelly in Kansas vetoed a bathroom bill while calling it “poorly drafted legislation to boot.”
Meanwhile, Michigan’s House is Republican and Pennsylvania’s Senate is Republican, while the rest of those states are Democratic (despite both going to Trump in 2024). Governors Gretchen Whitmer and Josh Shapiro haven’t yet had to veto any anti-trans bills, but they have both said they would if such legislation were to pass both chambers.
Conversely, Gov. Joe Lombardo (R) in Nevada is pushing for a ballot initiative to ban trans women from sports as a way to get around his state’s Democratic House and Senate. (Although to be fair, Republican Gov. Phil Scott in Vermont did sign an updated Shield law last year to protect patients and providers around gender-affirming care).
Obviously, we have a national problem. Trump is doing so much harm to the LGBTQ+ community, and he’s made his intention to further hurt trans and gender-diverse people through his executive orders, guidances, and administrative actions. The Department of Justice is busily intimidating hospitals and trans families while they also torture prisoners in a wider effort to end gender-affirming care for everyone. Even the International Olympic Committee has barred trans athletes over Trump’s posturing.
But as we look at the national picture and the years ahead, it’s crucial that we remember how much power governors can wield, and how they may be able to protect at least some of the United States’ trans population.
In November, 39 states are holding elections for governor. Five of those are seats held by Democrats in states that Trump won in 2024. Several of the gubernatorial races are predicted as toss-ups.
Right now, primaries are still being counted or haven’t taken place yet. Candidates need reminding of the need to protect trans people, and that’s exponentially more important in states with Republican legislatures. It’s time to help campaign and get progressive, pro-trans Democrats into a place where they can help to bandage the wounds left by Trump.
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