Judge Upholds Trans Athlete Initiative, Modifies Summary Language

A Carson City District Court judge has ruled that a proposed ballot initiative seeking to limit transgender athletes’ participation in sports leagues to those corresponding with their sex assigned at birth will proceed, but with a significant amendment. On Wednesday, Judge Jason Woodbury dismissed a legal challenge against the initiative, known as “Protect Girls’ Sports,” but required updated language to clarify that it would create an exception to the state’s Equal Rights Amendment protections.

The initiative, supported by Governor Joe Lombardo, aims to ensure that eligibility for women’s and girls’ sports is based on the athlete’s sex at birth. The ruling has been celebrated by the initiative’s proponents. “There has been a lot of talk, but not a lot of action when it comes to actually protecting girls’ sports in Nevada,” stated Halee Dobbins, a spokesperson for Lombardo’s campaign. She expressed confidence that voters will support the initiative to ensure the integrity and safety of athletic competitions for girls.

The challenge to the initiative was brought by Sue Burtch, the Nevada chapter executive director of the National Organization for Women, who argued that the initiative’s summary failed to acknowledge its implications for the state’s Equal Rights Amendment, which was enacted by voters in 2022. Burtch did not respond to requests for comment following the ruling.

During the hearing, Judge Woodbury identified concerns regarding the language used in the initiative’s description of effect. The proposal stated that recipients of state funds would be subject to the new requirements, but the original wording referred to “public funds.” Woodbury emphasized that this could imply funding from federal or local sources. The revised description now specifies “state funds,” clarifying that any league or sport receiving state funding must comply with the new eligibility rules.

The initiative stipulates that athletes born male will be barred from participating in teams designated for women or girls, whereas those born female may join male teams if no corresponding women’s team exists. Additionally, individuals, regardless of their sex at birth, may participate in co-ed or mixed-gender leagues.

To advance the measure to the ballot, petitioners must gather at least 148,788 signatures, with a minimum of 37,197 from each of Nevada’s four congressional districts. The deadline for submitting these signatures for verification is June 24, 2024, in preparation for the 2026 general election. As of now, organizers have yet to begin signature collection.

The conversation surrounding transgender athletes in Nevada has intensified recently. In April 2024, the Nevada Interscholastic Activities Association, the governing body for high school sports in the state, updated its policy regarding transgender athletes, mandating that they compete according to the gender listed on their birth certificates. This policy change was implemented following a federal executive order from then-President Donald Trump.

As discussions continue, the implications of this ruling and the proposed initiative are likely to resonate within the community and beyond, impacting the future of sports participation for transgender individuals in Nevada.