Initiative Measure 442: Fairness for Girls

Nebraska · constitutional amendment proposed by initiative petition · on the November 3, 2026 ballot. The ballot wording and the arguments for and against from the state’s official voter guide, in the state’s own words, each read the same way for rhetorical techniques. We don’t recommend a vote.

On the ballot

no rhetorical technique found

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:

From sos.nebraska.gov. Checked 2026-10-20. Confirm with your official ballot (sample-ballot lookup).

Argument for

Appeal to FearCard Stacking

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.

Appeal to Fear · “poses safety risks because of physical differences in strength, bone density, and size, increasing the likelihood of injury” — Frames the inclusion of transgender athletes as a physical safety threat to girls, raising anxiety about injury.

Card Stacking · “The initiative protects female athletes from losing scholarships, medals, or tournament advancement after being displaced in rankings by biological males.” — Presents only the harms to female athletes and a one-sided account of the initiative's benefits, omitting any counterarguments or complicating evidence.

Fairness for Girls protects every girl’s opportunity to succeed on a fair playing field.

From sos.nebraska.gov, the official voter guide.

Argument against

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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.

From sos.nebraska.gov, the official voter guide.

Who’s behind it

Party positions: Nebraska Democratic Party: No position published · Nebraska Republican Party: Vote FOR

Committees registered to support or oppose Initiative Measure 442, and what they reported to Nebraska Accountability and Disclosure Commission (NADC) FirstTuesday Campaign Finance public site (nadc-e.nebraska.gov). Checked 2026-10-21.

Before comparing the sides: each committee’s figures come from its own latest report, so they can cover different dates. Some committees work on more than one measure or other campaigns, and their totals include all of it. A side with no registered committee can still have supporters. How much a side raised says nothing about whether the measure is a good idea.

Supporting

FAIRNESS FOR GIRLS

Ballot measure committee

Raised $3,102,243 · spent $3,026,268 · as reported through Sep 29, 2026

Largest contributors as filed:

RESTORE THE GOOD LIFE INC · $3,100,000
501(c)(4) nonprofit
NEBRASKA FAMILY ALLIANCE · $2,243
501(c)(3) nonprofit

Opposing

FAIRNESS FOR ALL

Ballot measure committee

Raised $31,672 · spent $31,672 · as reported through Sep 29, 2026

Largest contributors as filed:

SECOND HOUSE COLLABORATIVE · $22,774
501(c)(4) nonprofit
OUTNEBRASKA (OUTLINC, INC DBA) · $5,215
501(c)(3) nonprofit
NEBRASKA APPLESEED ACTION FUND · $2,830
501(c)(4) nonprofit
ACLU NEBRASKA · $459
501(c)(4) nonprofit
NEBRASKA APPLESEED CENTER FOR LAW IN THE PUBLIC INTEREST · $394
501(c)(3) nonprofit

A rhetorical technique is about wording, not about whether a measure is a good idea or an argument is true. Ballot wording is written under each state’s own rules, and official arguments by the people the state names. All Nebraska measures →