Measure 442Puts sex-separate school sports teams in the state constitution
Read the full text of the measure: Secretary of State ballot measures pamphlet (PDF)
In plain words
A 2025 state law already requires school and college teams to be labeled male, female or coed, and keeps male students off girls' and women's teams. Measure 442 would write this into the state constitution, so lawmakers could not change it on their own; only another statewide vote could. (newsfromthestates.com )
Before and after
| Question | Today | If it passes |
|---|---|---|
| Girls' and women's school teams closed to male students | Required by a 2025 state law (lawmakers could change it) | Required by the constitution (only a statewide vote can change it) |
| Who it covers | Public K-12 schools, colleges and universities, and private schools that play them | Same |
Numbers from the official ballot title (ballot title ); also see (newsfromthestates.com )
Biggest change
- Teams for "females, women, or girls" would "not be open to students of the male sex." There is no matching rule keeping female students off male teams. source: nebraskapublicmedia.org
- The measure itself does not define "sex"; the 2025 law sponsored by Sen. Kathleen Kauth does. source: newsfromthestates.com
Who it affects most: Student athletes, especially transgender students, and school and college athletic programs.
Cost to the state: Unknown. No cost estimate found.
Our plain-words summary. Every line points to its source.
What your vote means
Keeping male students off girls' and women's school teams would be in the constitution, not just state law.
The rule would stay only in state law, which lawmakers could change.
Our one-line summary. Nebraska does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
Voters put this on the ballot by signing a petition. It changes the state constitution, so only another statewide vote can change it back. It passes with a majority of the votes cast on it, and the yes votes must be at least 35% of all votes cast in the election.
- Organizers turned in about 211,000 signatures in late June 2026; about 126,000 valid ones were needed. source: nebraskapublicmedia.org
Why supporters want it
- Supporters contend (official pamphlet): 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. source: sos.nebraska.gov
- Sen. Kathleen Kauth, who sponsored the 2025 law: "One of the things we always worry about when we pass a law is that it can be unpassed." source: nebraskapublicmedia.org
Why opponents object
- Opponents contend (official pamphlet): 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. source: sos.nebraska.gov
- OutNebraska, an LGBTQ advocacy group, said the measure is "designed to permanently embed" the policy in the constitution, and that "Transgender students are not a threat to girls' sports." source: nebraskapublicmedia.org
Who backs each side
- For: Fairness for Girls (led by former Sen. Julie Slama). Restore the Good Life Inc., a conservative PAC, gave at least $3 million; the Nebraska Family Alliance also gave. Fairness for Girls paid $3 million to Vanguard Field Strategies for petition gathering. source: nebraskapublicmedia.org
- Against: OutNebraska. source: nebraskapublicmedia.org
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the Secretary of State's official ballot measures 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.
For
Against
Copied word for word from the Secretary of State's 2026 Informational Pamphlet on Initiative Measures, "Ballot Title and Text for Initiative Measure 442", printed page 16 (PDF page 19): the FOR and AGAINST statements, then the question and the choices For and Against as they will appear on the ballot.
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Full text of the measure
The full text of the petition is in the official pamphlet. Read it in the Secretary of State ballot measures pamphlet (PDF) .
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