Advancing Life and Liberty Through Action

Feb 8, 2026

Nebraska: "Fairness for Girls" ("Protect Girls’ Sports”) Constitutional Amendment

Text of Ballot Language / Question

The text of the ballot question is not clear; however, there is an “Object Statement,” which reads: “The object of this petition is to amend the Nebraska Constitution to establish constitutional protections for sex-separate athletics to ensure equal access to athletic opportunities for females."

The full text of the proposed constitutional language is as follows:

Art. VII §16. Equal access to athletic opportunities for females.

(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.
(2) Athletic teams or sports designated for females, women, or girls pursuant to subsection (1) of this section shall not be open to students of the male sex.
(3) For purposes of this section, “schools” shall mean interscholastic, intercollegiate, and intramural athletic teams or sports that are sponsored by a common school of this state, a public postsecondary educational institution of this state, or any school or institution of learning in this state not owned or exclusively controlled by the state or a political subdivision thereof whose athletic teams or sports compete against a common school or public postsecondary educational institution of this state.
(4) This section shall be self-executing, but legislation may be enacted to facilitate its operation. If any part or parts of this section are found to conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent permitted by federal law and the Constitution of the United States. Any provision held invalid shall be severable from the remaining portions of this section.

What It Does: Decoding the Text
  • The proposed language requires athletic teams to “be expressly designated” based on biology as for either males, females, or both (co-ed).
  • It applies to "interscholastic, intercollegiate, and intramural athletic teams or sports that are sponsored by a common school of this state, a public postsecondary educational institution of this state, or any school or institution of learning in this state not owned or exclusively controlled by the state or a political subdivision thereof whose athletic teams or sports compete against a common school or public postsecondary educational institution of this state."
  • While not explicit, by implication it would protect girls from male invasion of locker rooms and bathrooms used by athletics' teams.
Fiscal Impact
There is no official fiscal impact estimate; however, enforcement could place minor costs on the state.

Current Status & Next Steps
  • Submitted January 2026 as a citizens initiated constitutional amendment.
  • It needs to collect valid signatures “equal to 10% of registered voters at the signature deadline. Nebraska also has a distribution requirement that requires initiative proponents to collect signatures from 5% of the registered voters in two-fifths (38) of Nebraska's 93 counties."
  • If placed on the ballot, it will become law via a simple majority vote (caveat: “the number of affirmative votes cast for the measure must be greater than 35% of the total votes cast in the election”).
Likelihood It Will Appear on the Ballot

Unclear whether the required number of signatures will be obtained, though the Nebraska Family Alliance is actively recruiting volunteers to gather signatures!

HOW TO TAKE ACTION

Take action with Nebraska Family Alliance.
TAKE ACTION