Nebraska voters will decide on Nov. 3 whether to add sex-separated school athletics to the state constitution through Initiative Measure 442, known as "Fairness for Girls."
Ballot language
The question, as published by the Nebraska Secretary of State, reads:
> Shall the Nebraska Constitution be amended to provide: (1) Schools must expressly designate each athletic team or sport as one of the following based on biological sex: (a) Males, men, or boys; (b) females, women, or girls; or (c) coed or mixed; and (2) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex? The amendment would apply to all athletic teams or sports sponsored by public schools or postsecondary educational institutions, and private schools or educational institutions whose athletic teams or sports compete against public schools or institutions.
What the measure does
The amendment would add a new Section 16 to Article VII of the Nebraska Constitution. Under its text:
- Schools must designate each team as male, female, or coed/mixed, based on biological sex.
- Teams designated for females may not include students of the male sex.
- It applies to interscholastic, intercollegiate and intramural sports at public schools, public colleges and universities, and private schools that compete against them.
- It is "self-executing," meaning it takes effect without further legislation, and any part found to conflict with federal law is severable.
A vote "FOR" amends the constitution. A vote "AGAINST" leaves it unchanged.
Existing law
Nebraska's Stand With Women Act (LB 89), signed by Gov. Jim Pillen in June 2025, already requires sex-designated school teams. The Nebraska Examiner reports the initiative would make part of that law permanent in the constitution. The amendment itself does not define "sex"; state law defines it by reproductive biology.
Signatures
The Secretary of State certified the petition on Aug. 28 after verifying at least 138,613 valid signatures, with the required 5% of registered voters met in 59 counties. Sponsors say more than 211,000 people signed.
Court challenge
Lincoln voter Cara Ullman sued to keep the measure off the ballot, arguing the petition's object statement did not meet state requirements. A Lancaster County district judge dismissed the case on Sept. 8. On Oct. 16, the Nebraska Supreme Court unanimously affirmed, holding that the law "does not require an object statement to summarize all major provisions of an initiative."
Public hearings
At the first public hearing, held Oct. 14 at the State Capitol, sponsor and former state Sen. Julie Slama said the measure is about "fairness, safety and opportunity," the Daily Nebraskan reported. Opponents argued the measure duplicates existing law and could lead schools to require sex verification for girls. The Daily Nebraskan counted 20 members of the public testifying against it and one in favor.
The Secretary of State's office has scheduled further hearings on Oct. 22 in Kearney and Oct. 24 in Omaha.
*Cover photo: Nebraska National Guard (public domain)*