This Month in State Policy, Special Edition

State Legislatures after the Election  

With a few exceptions, the November 5 election did not significantly alter state legislature composition across the country. Collectively, 38 states sustained “trifectas” in which one party controls both legislative chambers and the governorship, down from 40 before the election. Michigan and Minnesota were the only two states to experience shifts in party control: Michigan Republicans flipped the House and Minnesota’s House resulted in an even 67-67 split—something the state legislature hasn’t experienced since 1979. While two narrow recount votes remain in legal limbo, the Minnesota House is expected to remain evenly divided and will require policymakers to generate power-sharing agreements.  

In addition, Alaska and Pennsylvania voters preserved their states’ uncommon arrangements before the election as jurisdictions with divided party control. Republicans maintained their majority in Pennsylvania’s Senate and Democrats still control the state’s House, but only by one seat. Meanwhile, Alaska’s unique bipartisan coalition will continue to control the Senate albeit with a slimmer majority.  

The other eight states without trifectas have the same party controlling both chambers but are led by governors of a different political party (Arizona, Kansas, Kentucky, Nevada, North Carolina, Vermont, Virginia, and Wisconsin). 

Lame Duck Sessions  

Policymakers in a few jurisdictions are busy with efforts to pass bills before the end of the year, especially in Michigan where Democrats in the state House are hoping to enact legislation before their trifecta is dissolved. More specifically, four bills have been introduced to further secure transgender protections, something Governor Whitmer (D) prioritized earlier in the year by banning the “panic defense,” which is when a person claims as a criminal defense argument that someone “surprised” them with their transgender identity and caused them to panic.  

Also, in the latest round of Michigan bills, HB5300 would ease the legal name change process for transgender and non-binary individuals, as well as survivors of domestic violence seeking refuge from their abusers. HB5301 and 5302 would modify regulations in Michigan’s drivers’ license protocols to allow non-binary gender marker options and codify access to self-attestation forms that update inaccurate gender markers. Finally, HB5303 would allow non-binary gender markers on birth certificates.  

In addition to the string of transgender rights bills, Michigan policymakers are also eyeing an opportunity to expand sex education content through HB6068. The bill would still underscore abstinence as an effective pregnancy and STI prevention method, but removes phrasing that describes it as “a positive lifestyle for unmarried young people.” It would also allow schools to distribute condoms, which is currently prohibited by state law.  

As of the date of this publication, none of the bills have yet to pass.  

LGBTQ Rights and Adolescent Health  

Lawmakers in both Ohio’s House and Senate passed SB104, which requires children in K-12 schools to use the bathroom that matches their sex assigned at birth. For transgender and non-binary students, this often means using a bathroom that does not align with their gender identity or expression. The bill does not prevent schools from operating single-occupancy bathrooms and includes exemptions for adults helping children with disabilities. Governor Mike DeWine (R), who vetoed a transgender sports ban earlier in 2024, signed the legislation into law.  

Ohio policymakers have also considered other bills that have not yet gained traction. This includes reintroducing HB8, a parental rights’ bill that passed the state House in 2023 but did not leave committee in the Senate. The bill includes what is sometimes called a “forced outing” provision, i.e. mandating school personnel to notify a parent if a student requests to identify as a gender that does not match their sex assigned at birth; the bill is currently not scheduled for any hearings.