Judge Allows Trans Athlete Initiative to Proceed with Modifications

A Carson City District Court judge has ruled that a ballot initiative aiming to limit transgender athletes’ participation in sports can move forward, but with important modifications. Judge Jason Woodbury decided on Wednesday that the initiative, backed by Governor Joe Lombardo, must explicitly acknowledge that it would create an exemption to the protections afforded by the state’s Equal Rights Amendment.

The initiative, named “Protect Girls’ Sports,” seeks to restrict participation in athletic competitions to individuals based on their sex assigned at birth. While the judge dismissed a challenge to halt the initiative before it reaches voters, he revised the language to clarify its implications for gender identity and equality under Nevada law.

Governor Lombardo, a first-term Republican, has framed this initiative as a necessary step to maintain the integrity of women’s sports. Lombardo’s campaign spokesperson, Halee Dobbins, expressed satisfaction with the ruling, stating, “There has been a lot of talk, but not a lot of action when it comes to actually protecting girls’ sports in Nevada.” Dobbins emphasized the importance of allowing voters to have a say on this contentious issue, confident that they will support the initiative.

The challenge to the initiative was brought forth by Sue Burtch, executive director of the Nevada chapter of the National Organization for Women. Burtch did not respond to requests for comment regarding the ruling. Challenges to similar initiatives have often progressed to the Nevada Supreme Court.

The complaint, filed on January 29, argued that the petition’s summary did not adequately disclose that it would amend the state’s Equal Rights Amendment, which was enacted by voters in 2022. Opponents also claimed that the initiative failed to accurately describe its potential effects on existing laws and policies regarding gender and sports.

During hearings, Judge Woodbury pointed out that the initiative proposed requirements for recipients of state funds, noting that the original description used the term “public funds.” He clarified that this could be misunderstood to include federal or local government sources. The revised language now clearly states “state funds,” indicating that leagues or sports receiving such funding would need to comply with the proposed rules.

Under the initiative, athletes born male would be prohibited from participating in teams designated for women or girls. Conversely, athletes born female could join male teams if no corresponding female team exists. The initiative also allows for co-ed participation regardless of sex at birth.

To advance to the November 2026 general election ballot, petitioners must collect at least 148,788 signatures, with a minimum of 37,197 from each of the four congressional districts. The deadline for submitting these signatures for verification is June 24, 2026. As of now, organizers have not begun the signature collection process.

The exact number of transgender athletes currently competing in Nevada leagues remains unclear. In April, the Nevada Interscholastic Activities Association, which oversees high school sports in the state, updated its policy to require that such athletes compete according to the gender listed on their birth certificates. This policy shift followed a federal executive order enacted during the administration of former President Donald Trump.

As this initiative progresses, it is likely to continue sparking debate over gender identity, sports participation, and equal rights in Nevada and beyond.