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Nebraska voters enshrine trans sports discrimination in state constitution

Trans sports restrictions already exist in Nebraska; this initiative effectively adds them to the state constitution.

Student athletes

Nebraska voters considered a constitutional amendment about trans participation in student sports.

Envato / YuriArcursPeopleimages

This story originally appeared on The Advocate.

Nebraska voters have decisively approved a constitutional amendment creating strict guidelines for student athletes based on biological sex.

Initiative 442 was passed early Wednesday morning, according to a 3:25 a.m. Eastern time call from DecisionDesk HQ, with 32 percent of voters opposing the measure and 68 percent in support at the time of the call. Over 95 percent of estimated ballots had been counted at the time the projection was made.


The measure will amend Article VII of the Nebraska Constitution. Per this amendment, public schools, colleges, and private schools that compete against them will have to create three categories of sports teams: men/boys, women/girls, and co-ed. Transgender girls, specifically, will be prohibited from competing on girls’ teams.

These restrictions effectively already exist in Nebraska; the State Legislature enacted them in 2025 with the "Stand With Women Act." (Students are now required to confirm their sex with a doctor’s note.) But the initiative enshrines them in the state constitution.

Previously, the initiative was the subject of a lawsuit, but the Nebraska Supreme Court voted unanimously in October to keep the measure on the midterm ballot.

Initiative 442 was supported by the Fairness for Girls campaign, which argued the measure was about "preserving opportunities for young girls, protecting female athletes’ safety, and keeping the process fair."

Opponents, including the Rainbow Parents of Nebraska organization, framed the initiative as a ploy that demonized a small marginalized group for political gain. "Trans people make up less than 1 percent of our state’s population. Trans athletes are an even smaller percentage of that 1 percent. This does not protect women as they like to claim. This is another distraction and an attempt to increase conservative voter turnout," the group said in a statement posted to social media.

Republicans, faced with an unpopular president and headwinds from issues like affordability and the war in Iran, have employed anti-trans tactics to try to turn out their base for the midterm elections. At least seven measures tied to transgender issues appear on state ballots this cycle, Ballotpedia reports.

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