Judge Lori Maret of Lancaster County dismissed a lawsuit that sought to block a Nebraska ballot measure aimed at establishing sex-separated school sports in the state constitution. Her ruling on Tuesday cleared the way for the Fairness for Girls proposal to appear on the November ballot. The challenge came from Lincoln resident Cara Ullman, who argued the measure’s object statement lacked necessary detail.
The object statement, approved by the Nebraska Secretary of State’s Office, 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.” Maret rejected Ullman’s claim, stating that Nebraska law only requires such statements to be concise, not exhaustive. In her five-page decision, she wrote that the petition’s language met legal standards by clearly explaining the measure’s purpose and effect.
Constitutional Mandate For Sports
The ruling ensures the measure will proceed to the ballot, where voters will decide whether to amend the constitution to mandate sex-separated sports in K-12 and collegiate programs. The proposal would make permanent a 2025 state law requiring public schools, colleges, and private institutions competing against them to designate teams as male, female, or coed. Male students would be prohibited from participating in female-only teams. Unlike the law, the constitutional amendment does not define sex, though state law already ties the term to biological reproductive systems.
Measure sponsors, including former state Sen. Julie Slama and University of Nebraska Regent Rob Schafer, defended the object statement’s clarity. Attorney Sydney Hayes, representing Ullman, argued the language could mislead petition signers. Maret disagreed, noting that Nebraska law does not mandate listing major provisions or features in object statements. The court must defer to legislative choices, she wrote.
Hayes also highlighted the measure’s 100-word ballot title, drafted by the Nebraska Attorney General’s Office. Maret distinguished the two, explaining that object statements and ballot titles serve different purposes. Voters seeking more information can review the full proposal, she noted. Ullman’s legal team has filed an appeal to the Nebraska Court of Appeals, which could expedite the case to the state Supreme Court. The Supreme Court previously declined a similar challenge in September, suggesting it may again avoid intervention.
Related Post: Supreme Court Clarifies Agent Authority Limits
Ballot Language And Certification
Nebraska Secretary of State Bob Evnen must certify the ballot by Friday to ensure the measure appears on the November 3 ballot. Voters will face a direct question: “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 public and private schools whose teams compete against public institutions.
Legal disputes over ballot measures often focus on technicalities, such as signature requirements or language clarity. This case centered on whether concise could reasonably exclude specifics like enforcement mechanisms or exceptions. Maret’s decision suggests Nebraska courts will not impose stricter standards unless the Legislature explicitly demands them. The outcome now rests with voters, not judges.
The measure’s approval would place Nebraska among states where constitutional amendments or laws have formalized sex-separated sports. Unlike some states that define sex in legislation, Nebraska’s proposal leaves the term undefined, relying on existing state law. This could create uncertainty if courts later interpret the constitutional language differently from the statute.
Implications For Transgender Athletes
If certified, the ballot question will join other state issues, including potential tax measures and local elections. The Fairness for Girls campaign presents the amendment as a safeguard for female athletes. Opponents contend it could exclude transgender students from female teams, a debate unfolding in courts and legislatures across the country. For now, legal obstacles have been removed, and the decision lies with Nebraska voters.
Transgender athletes in Nebraska may face new restrictions if the measure passes. Current state law already prohibits male students from female-only teams, but the constitutional amendment would extend these rules permanently. The campaign argues the change protects fairness, while critics warn it could deepen exclusion for transgender girls.
Read Also: Disasters Reveal America’s Ability to Reconnect
The ballot measure’s text explicitly bars male students from female-designated teams, creating a potential conflict for transgender athletes assigned female at birth. Legal scholars warn the ambiguity in the constitutional language could lead to future litigation if courts interpret it more strictly than the existing statute.
The Nebraska School Activities Association has remained neutral, stating it will comply with whatever voters decide.
Future Legal Battles Predicted
Legal experts predict the measure’s passage would trigger lawsuits from advocacy groups. Similar cases in other states have resulted in prolonged court battles over definitions and implementation. For Nebraska, the immediate question is whether voters will prioritize constitutional clarity or maintain existing flexibility in sports policies.
Evnen’s certification deadline looms as the final hurdle before the November election. If approved, the amendment would take effect immediately upon voter approval, altering Nebraska’s sports environment permanently. The outcome will set a precedent for other states considering similar measures.