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Initiative Measure 442

Arguments for and against Upcoming Initiated constitutional amendment educationcivil rights As of 2026-10-10
Data note

ballot_text includes the "A vote FOR/AGAINST" statements and the question, exactly as the ballot prints them.

Nebraska publishes no official fiscal note in the pamphlet; fiscal_impact null.

Arguments carry no named signer in the official pamphlet.

Ballot text (Ballot title and text (explanatory statement + question), as printed in SOS pamphlet)

A vote “FOR” will amend the Nebraska Constitution 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. A vote “AGAINST” means the Nebraska Constitution will not be amended in this manner. 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 a YES vote means

A vote “FOR” will amend the Nebraska Constitution 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 a NO vote means

A vote “AGAINST” means the Nebraska Constitution will not be amended in this manner.

Explanatory statement

Not published by the state

Fiscal impact

Not published by the state

Argument FOR

Initiative 442, Fairness for Girls, protects fairness, opportunities, and safety for Nebraska girls in sports. It establishes constitutional protections for sex-separated athletics in Nebraska grade schools, high schools, and colleges. Fairness for Girls ensures female athletes are not forced to compete against biological males. Allowing biological males to compete against girls poses safety risks because of physical differences in strength, bone density, and size, increasing the likelihood of injury. The initiative protects female athletes from losing scholarships, medals, or tournament advancement after being displaced in rankings by biological males. Fairness for Girls protects every girl’s opportunity to succeed on a fair playing field.

Supporters contend (pamphlet: "derived from information provided to the Secretary of State from supporters"; no named author)

Argument AGAINST

Initiative 442 adds unnecessary limits on participation in girls’ sports into the Nebraska State Constitution. Initiative 442 raises significant concerns about fairness and privacy by making gender verification constitutionally required for girls and young women who want to play sports at their public school, college or university, but would not place a similar requirement on boys and young men. It would also empower bad actors to unfairly cast doubt on young athletes who don’t fit within traditional gender expectations. Proponents say that this measure is about promoting fairness and safety by ensuring transgender girls cannot participate, but it would actually subject all girls to greater barriers and risk of harm and create a constitutional right to bully kids about their appearance. Vote AGAINST 442.

Opponents contend (pamphlet: "derived from information provided to the Secretary of State from opponents"; no named author)

Both columns use the same layout. Text is quoted from the official state guide. Views expressed belong to the argument authors.

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