By: Shane Schumacher
Nebraska voters will vote on ballot initiative 442 titled “Fairness for Girls” on November 3rd.
The ballot measure would prohibit assigned males at birth from participation in female sports at K-12 and collegiate schools.
It would do so by amending the state constitution similar rules to LB89, titled the “Stand with Women Act”. Nebraska is one of 27 states that have passed similar laws, but the measure being passed would make Nebraska the first to include these rules in a state constitution.
Eric Hagan, A Founding member of Liberty Law Group explained the legal distinction
“So, by having it as part of the constitution, it’s much more difficult to remove it. It becomes much more permanent compared to a state law, which can change a lot more frequently,” Hagan said.
Supporters say the measure would protect women’s athletic scholarships, safety, and right to fair competition. Opponents say the restrictions discourage transgender students from participating in sports.
Rory Vargas, a transgender student, expressed concern that the law and ballot measure could discourage younger students.
“But I think of like high school students or even younger who have and want to participate in these sports but might not because of their fear for their safety or just their comfort. So, these bills just really, can go above and beyond to make these kids feel unwelcome,” Vargas said.
The Nebraska Supreme court is expected to release an opinion on Oct. 16 regarding a case that challenges the specificity of the measure’s language. The outcome would not remove the measure from the ballot but could invalidate the outcome and prevent it passing in the state constitution.
Kay Siebler, Director of Women and Gender studies at University of Nebraska at Omaha says the language of the measure creates confusion on who it effects.
“This language is hiding the fact that it is excluding trans girls, or gender non-binary girls, gender queer young people from participating in team sports, but they don’t want to say that, because if they said that, most people would not sign the piece of legislation. The culture has moved on,” Siebler said.
She also noted the importance of understanding issues on the ballot.
“I would say, before you sign anything, go do your research, be an informed voter,” Siebler said.
The ballot measure will be on every Nebraska ballot on Nov. 3, a vote for would amend the Nebraska constitution with the new rules. A vote against would leave the constitution unchanged.
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