A straight-to-the-point guide to what’s on the table for Nebraska voters in November 2026.
You may have heard about the “Fairness for Girls” ballot initiative circulating throughout Nebraska in 2026. Petitioners have been showing up in parking lots and public spaces across the state, asking Nebraskans to sign. If you don’t know what you’re signing, or what signing this petition would ultimately mean, then this post is for you.
Here’s what you need to know.
What Is a Ballot Initiative?
Before we get into specifics, a quick primer.
In Nebraska, citizens can propose changes to the state constitution through a process called a ballot initiative. Rather than going through the legislature, a group gathers enough signatures from registered voters to put the proposed change directly on the election ballot. If it passes, it becomes part of the state constitution, which is harder to change than a regular law.
This is the process that the “Fairness for Girls” organizers are using, an important distinction that matters here.
If you are still learning how Nebraska’s legislative and ballot process works, check out our Nebraska Legislative Session Guide to start.
What Does the “Fairness for Girls” Initiative Actually Say?
The proposed amendment would require all public schools to “expressly designate each athletic team or sport as one of the following based on biological sex: Males, men or boys; females, women, or girls; or coed or mixed.”
The restrictions and designations would apply to all school-sponsored teams, including intramural teams, meaning this initiative would affect sports beyond varsity competition, extending to every level and year of school athletics.
To break it down into plain terms: the “Fairness for Girls” initiative would write sex-segregated sports into Nebraska’s constitution, requiring schools to sort every team by what the amendment calls “biological sex.”
Who Is Behind the Initiative?
The group organizing the ballot initiative is led by a committee that includes University of Nebraska Regent Rob Schafer, former State Sen. Julie Slama, and Nebraska Family Alliance advocacy and engagement coordinator Elizabeth Nunnally.
An equally important question is, where is the money coming from?
Research has shown that the filings with the Nebraska Accountability and Disclosure Commission show that Fairness for Girls raised $3.1 million in just two months from one single donor: a 501(c)(4) nonprofit called Restore the Good Life Inc. Restore the Good Life Inc. is what’s commonly called “dark money,” because of how regulations are set up, this kind of organization is not required to disclose who funds it.
Those millions of dollars have, in turn, been used to pay petition gatherers, who have flocked to parking lots and public parks across our state. Many of the petitioners asking you to sign are being paid for their work. In most cases, they are not local volunteers.
Isn’t This Inititiative Already in the Law?
Yes, this is already a part of Nebraska law, something not to be overlooked. Last year, on May 28, 2025, the Nebraska State Legislature passed LB 89, commonly known as the “Stand With Women Act.” The bill requires student-athletes in public K–12 schools and colleges to compete on sports teams that match the sex listed on their original birth certificate, not their gender identity.
Former State Sen. Julie Slama has stated that the idea behind the doubling-down ballot amendment is to “enshrine LB 89’s requirements into the state constitution.”
So why does any of this matter? Isn’t it just duplicate work?
Yes and no. This is because when something is added to the state constitution, it becomes significantly harder to repeal, challenge, or amend. Even if, down the line, our future legislators or courts found problems with the law’s enforcement, a constitutional amendment would stay in place unless a supermajority of Nebraskans voted to remove it.
OutNebraska opposed LB 89 throughout the 2025 legislative process. You can read our statement on LB 89 becoming law.
What has been the Real-World Impact of LB 89 so far?
As of January 2025, the Nebraska School Activities Association had received eight applications for sports participation by transgender athletes over seven years.
You read that correctly. Yes, eight applications. Over seven years. Across the entire state.
This is the problem the initiative is designed to solve and to write permanently into Nebraska’s constitution.
Opponents of LB 89 said it is based on ignorance and fear, and that it targets transgender students. Sen. Megan Hunt described it as “exploiting women’s sports as a proxy to attack transgender people.”
What Would It Take to Get on the November Ballot?
This is definitely the right question to ask next. First, before the proposed amendment can appear on the November ballot, the committee must collect signatures from 10% of registered voters, including 5% from 38 of the state’s 93 counties. The deadline for collecting the signatures is July 6, 2026.
At least that’s something more than just one or two signatures. The bar is substantial, but with dark-money-funded efforts, there’s a very good chance it will be met by July.
So, as of right now, it’s likely the initiative will make the ballot in November. Still, that doesn’t negate the power of informing your friends, family, and community members to decline to sign any petitions for the “Fairness for Girls” Initiative.
What Does This Mean for LGBTQ+ Nebraskans?
Transgender students in Nebraska are already navigating the effects of LB 89 being passed into law last year. This new initiative would permanently finalize that exclusion at the constitutional level, making it much harder for courts, future legislators, or the community to revisit it.
Beyond sports, constitutional amendments that define people by biological characteristics have implications that extend beyond the playing field. They establish a framework in state law for how gender is defined, which can also shape future legislation.
What Can You Do?
If someone asks you to sign the petition: Know that you are not required to sign anything. You should ask follow-up questions. Remember that the signature gatherers are paid, and that your signature would help put this measure on the November ballot.
Stay informed: OutNebraska tracks legislation and ballot measures that affect LGBTQ+ Nebraskans. Sign up for our newsletter to get updates delivered to your inbox.
Talk to your neighbors: It has been shown consistently that personal connection is more effective at shifting minds than statistics or debate. If you have people in your life who might sign a petition without fully understanding it, a conversation goes a long way.
Show up in November: Whether this initiative makes it to the ballot or not, local and statewide elections have a direct impact on LGBTQ+ Nebraskans. Register to vote or confirm your registration today.
The Bottom Line
The “Fairness for Girls” initiative is not a grassroots effort to protect girls’ sports. It has received the majority of its funding, more than $3 million, from a dark money nonprofit. It is designed to permanently embed into Nebraska’s constitution a policy that was already passed as regular law, specifically making it harder to change or challenge that law.
Transgender students are not a threat to girls’ sports. They are kids who want to play.
OutNebraska knows that Nebraska is for all of us. That includes every young person who wants to be part of their school community.
OutNebraska works to empower, celebrate, and grow LGBTQ+ communities across Nebraska. Learn more about our work at outnebraska.org, and consider making a donation to support our advocacy.
