LAS VEGAS (KTNV) — Gov. Joe Lombardo has put his full weight behind a proposed constitutional amendment that would modify Nevada's existing equal rights law to ban transgender women and girls, assigned male at birth, from competing in women's sports.
The Protect Girls' Sports initiative would carve out an exception to a provision approved by voters in 2022 that established equal rights in the state.
WATCH| Steve Sebelius reports the latest on the Protect Girls' Sports initiative
The initiative is facing a legal challenge in Carson City, which contends the measure's summary is misleading, that it requires spending money without identifying a funding source and that it violates the constitution's separation of powers clause.
Any ruling will likely be appealed to the Nevada Supreme Court by the losing side. If proponents can survive the legal hurdles and gather more than 148,000 signatures required to put the measure on the ballot by June 24, voters will get to weigh in come November.
But while the legal drama plays out in the state capital, Nevadans are debating the issue across the state.
'Political winds have shifted'
For André Wade, state director of the group Silver State Equality, the measure is simply unnecessary, especially in light of the Nevada Interscholastic Athletic Association's decision to ban transgender girls from girls' sports.
"They stated that they have no idea the number of trans athletes there are and what the scope of any impacts are or would be, and so they're making these changes because the political winds have changed," Wade said. "But there's no evidence that this is an issue that needs to be addressed and to be addressed at this level, in this way, to actually add discriminatory language to our state constitution."
Wade predicted there could be unintended consequences.
"I do know that all young people, especially young girls who are participating in sports, who are cisgender, who aren't transgender, will have to undergo gender checks by a physician to determine their sex at birth, which is wildly invasive, which is not something physicians want to do," Wade said. "But this is going to be impacting every young person who's playing in sports, and so that's huge. People don't understand the implications of this ballot measure."
But for Nevadans such as Marshi Smith, a former NCAA championship swimmer who's in the Hall of Fame at the University of Arizona, the measure is simply an issue of upholding the rights of girls and women in sports, and ensuring they are safe.
She said that despite the NIAA ban, policies can differ between states, and that a consistent policy is necessary.
Equal rights, fairness and competition
"We are seeing a wide range of different sorts of policies. They are going to protect them in some states and not in others," she said. Some sports they're going to allow men, some are not, and that's just not adequate, because we do have federal law that protects women and girls and their equal rights, fairness and competition, equal opportunities to participate and not only participate, but win."
Smith said allowing transgender athletes to compete on girls' teams denies a slot that she says should rightfully go to a biological girl. And allowing transgender women — even those who have or are transitioning — into girls and women's sports and locker rooms is inappropriate, she said.
Wade says there's no official count of how many transgender athletes who want to compete, but that the number isn't large. He said instead of legislating, the issue calls for education.
"I think we all have to figure out what does transgender inclusion look like, and let the governing bodies decide what that is," he said. "We also have to educate the larger public about what it means for transgender inclusion in our society and including sports, so people can be a little less fearful and more knowledgeable about that and how it impacts sports and fairness and safety."
But Smith says even if the number is small, it could result in inequities for female athletes,
"But even if there's one single athlete, male athlete competing in girls sports, that is one opportunity lost, and it affects every single girl in the sport in the school, because the message that it sends to our girls is that you don't matter. You should expect to step aside and your discomfort and your safety is not the priority in your own girls' sports categories; his feelings matter more than yours, and that's a very damaging message to send the next generation of girls."
Latent politics
It's impossible to separate the politics of the issue, especially in light of Lombardo's comments reported last month by The Nevada Independent.
According to audio obtained by the Independent, Lombardo told a group in October, "I’m in the process of raising the money for this ballot initiative to get the signatures to qualify it and put it on the ballot. That’s going to get people out to vote."
In a separate event in January, Lombardo was recorded as saying, “I am not enough of a motivator as a governor candidate to get them off the couch.”
Asked about the remarks, Lombardo's gubernatorial campaign spokeswoman Halee Dobbins said in a statement:
"Governor Lombado believes in protecting women's sports. As he has traveled throughout the state and engaged with Nevadans, this issue is regularly brought up, so he has taken action to get this issue on the ballot in 2026. Governor Lombardo is eager to give Nevadans a chance to secure protections for women's sports through the ballot box this November."
Wade said, however, the comments reflect a cynicism about using the issue for political gain, rather than the stated purpose of protecting girls' sports.
"It's gross, it's unfortunate. And when I tell people that this is the governor's strategy, their mouths open and they shake their head," he said. "They can't believe he is using kids as a way to get himself elected."
But Smith said Lombardo has supported the idea of keeping transgender women, assigned male at birth, out of women's sports long before his re-election came up. He issued a statement of support in 2024, for example, when girls' volleyball players at the University of Nevada, Reno, decided to forfeit a game against San Jose State because that team allowed a transgender player to compete.
Ultimately, Smith said, it's more important to be on the right side of the issue.
"So, you know, regardless of someone's motivations to fight for fair sports for girls, I support whichever candidate, whichever party says that they're going to do that," she said.
