Nebraska court rules voters can decide whether to cement an anti-trans sports ban in state constitution

The Nebraska Supreme Court has ruled that an initiative to bar transgender athletes from girls’ and women’s sports will remain on the state’s ballot.

A voter sued to block the measure, arguing that its summary failed to adequately explain the implications of the proposed amendment to the state constitution.

But in a unanimous opinion written by Justice Jason Bergevin, the court said the ballot language gave voters enough information to understand what they were voting for or against.

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“The right of initiative is precious to the people and one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter,” the opinion reads. “The power of initiative must be liberally construed to promote the democratic process.”

Plaintiff Cara Ullman sued in August to remove the so-called “fairness for girls” initiative from the ballot, according to the Nebraska Examiner.

The measure states, “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.”

Ullman argued that the wording obscures how the proposed amendment would restrict transgender athletes’ ability to participate in sports consistent with their gender identity.

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“It doesn’t mention schools at all,” reads the lawsuit, filed by Gutman Law Group. “Instead, the Initiative contains a vague, misleading, and incomplete statement that the proposed amendment provides ‘constitutional protections for sex-separate athletics to ensure equal access to athletic opportunities’ for female athletes.”

The lawsuit also argued that the ballot language does not clearly define sex or gender. Instead, it relies on other state law to make those determinations. But the Supreme Court said the language met the requirement that ballot initiatives use “plain language” that voters can easily understand.

Nebraska already restricts transgender participation in school sports. In 2025, the Nebraska Legislature passed a bill that Gov. Jim Pillen signed into law that restricts participation in sports based on sex assigned at birth.

Approving the amendment in November would enshrine the ban in the state constitution.