LINCOLN— The Nebraska Supreme Court heard arguments Wednesday over a lawsuit seeking to invalidate the Fairness for Girls ballot measure, which would place sex-separate requirements for school sports into the Nebraska Constitution. Plaintiff Cara Ullman argues that the petition’s object statement did not adequately explain the measure’s purpose to voters who were asked to sign it. Attorneys representing Secretary of State Bob Evnen and the measure’s sponsors countered that the statement complies with state law by concisely identifying the proposal’s purpose and legal effect. A Lancaster County District Court previously dismissed Ullman’s objections, leading to the current appeal.

The measure will remain on the Nov. 3 ballot because ballots have already been certified, but a successful challenge could result in the votes being invalidated and results withheld. The proposal would make permanent part of a 2025 state law requiring public K-12 schools, colleges and universities, as well as private schools competing against them, to designate athletic teams as male, female or coed and prohibit male students from participating on female-only teams. The constitutional amendment itself would not define “sex,” instead relying on the definition contained in the 2025 state law.

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