Anti-trans ballot measures pass in four states, setting up new legal battles

A participant in the World Pride March in Amsterdam on Aug. 8, 2026, holds a sign in support of the rights of transgender youth. (Washington Blade photo by Michael Key)

Five states across the country had ballot initiatives targeting transgender people and seeking to restrict their rights in some form, from bathroom restrictions to limitations on access to school sports.

Arizona, Colorado, Missouri, Nebraska, and Washington all considered measures targeting transgender people during the 2026 election.

Missouri’s anti-trans ballot initiative failed; while voters in Arizona, Colorado, Nebraska, and Washington approved their respective measures.

Arizona

In Arizona, voters passed Proposition 318, also known as the Protect Girls’ Sports in Arizona Act, with approximately 58.7 percent of the vote. The proposition, which was placed on the ballot by the state’s Republican-controlled Legislature, expands the state’s existing Sports Participation Ban, passed in 2022, which restricts trans girls from competing on public school girls’ sports teams.

The amendment further restricts athletic participation based on biological sex and addresses access to restrooms, locker rooms, and changing areas in public schools.

Arizona also has a surgery ban in place that prohibits physicians from providing “irreversible gender reassignment surgery” to minors under the age of 18. The state also excludes “gender reassignment surgeries” from Medicaid coverage.

Joel Edman, a spokesman for Progress Arizona, a local advocacy group, criticized the measure following its passage, warning of the broader consequences it could have for trans people and girls in general.

“The negative impacts this will have, not only on trying to bully and shame transgender people of all ages back into closets, into the shadows, but also to enforce a stereotype of what girls are supposed to look and dress and act like,” Edman told the AZ Mirror. “The real risk that this measure poses is having all girls potentially scrutinized for being too tall, or too strong, or too good at whatever sport they want to play with their friends.”

Colorado

In Colorado, voters approved two anti-trans propositions, both targeting trans youth.

Proposition 134 requires public schools and colleges to designate sports teams according to students’ sex, while restricting trans athletes from participating on teams that align with their gender identity. The Associated Press called the race, with support for trans restrictions at 52 percent of the vote.

Proposition 135, which prohibits health care professionals from knowingly performing any surgery on a minor “for the purpose of altering biological sex characteristics,” also passed, receiving 51.92 percent of the vote.

Bruce Parker, executive director of Rocky Mountain Equality, described the results as a setback for transgender youth, their families and the state’s broader LGBTQ community.

“Today is a bad day for Colorado. While we certainly have some good news from the results, including the rejection of Amendment 81, our fundamental commitment to privacy and freedom has been undermined by the passage Propositions 134 and 135, two misleading and discriminatory ballot measures. This is devastating for a lot of kids, families, and communities.”

“The impact of these measures on Colorado families is real. Right now, parents are wondering what this means for their children’s healthcare. Students are wondering if they’ll be allowed back on their teams or what they might have to do to be allowed to play. To those kids and families I want to say: you are not alone, and we are not going anywhere.”

Parker continued, saying the language of the measures was intentionally vague, creating a chilling effect for those unsure whether they were violating the law. He argued that this would lead more people to err on the side of caution and preemptively act in ways that align with the legislation, regardless of whether those actions are actually illegal under the new measures.

“Props 134 and 135 were written broadly and vaguely on purpose. They leave basic questions unanswered about who enforces them, how decisions get made, and what safeguards exist. That ambiguity is what the proponents want. They want for there to be gray areas where the policies could potentially reach even farther into our private lives.”

He also added that, while they lost the final tally, the close race indicated that many people in the state genuinely care about protecting trans youth, making the issue more of a fight than conservatives had made it out to be.

“More than a million Coloradans voted against these harmful measures. The vote was close, and we are so grateful for every person who made calls, knocked doors, and voted. Now the newly elected Colorado legislators have an opportunity to negate the damage these policies will cause, and we expect them to step up.

“To every transgender kid and family, we’ve got your back. This is your home too. This vote doesn’t change that,” Parker finished with.

Mardi Moore, chief executive officer of Rocky Mountain Equality Action Fund, similarly criticized the measures, arguing that voters had been misled into supporting policies that would disproportionately affect trans youth and their families.

“While we elected many pro-equality candidates and defeated a measure targeting our immigrant neighbors, voters were misled into accepting policies that unnecessarily and unfairly target trans youth and their families,” Moore said. “Supporting the hateful priorities in Project 2025, these poorly written measures will cause confusion and harm for real kids, families, schools, and doctors. We will continue to fight for every person’s freedom and privacy, and we will work with newly elected lawmakers to mitigate the harm these policies can do to Colorado kids.”

Missouri

Missouri, one of the most consistently Republican states on the list, was the only state to reject its anti-trans ballot measure, with 55.42 percent of Missourians voting “No.”

Voters in the Show Me State rejected Amendment 3, a legislatively referred constitutional amendment that attempted to enshrine a ban on gender-affirming care for minors in the state constitution, alongside abortion restrictions.

LGBTQ advocates in the state attributed the outcome to grassroots organizing that emphasized the right to live free from discrimination, rather than the expansive and often dangerous rhetoric anti-trans politicians have been injecting into this race and others across the country.

PROMO Communications Director Robert Fischer said the organization views the result as part of a longer-term effort to build political support for trans Missourians.

“Our goal is to build a pro-trans majority in Missouri, which means that the majority of voters in Missouri would reject any candidate, law, or ballot initiative that tries to discriminate against trans Missourians,” Fischer said. “We understand that this would be a 5-10 year goal, which is why our deep canvassing work is about power building. We set out to have 10,000 completed conversations with voters across the state and we are proud to say that we exceeded that number, hitting over 13,000 by Election Day.”

“We’ve seen the beginnings of people’s hearts and minds shift in Missouri as we talk to voters. There are so many people in each of our regions that simply are eager to talk with a trans person — to hear more from them and learn more about them. Our deep canvassing program started in 2024 and it will continue after this year’s election.”

Fischer also said he believes the outcome reflects a broader national shift in how voters view political attacks targeting trans people.

“Nationally,” Fischer added, “I think you’ll see Missouri is on pace with the rest of the country in that voters are tired of politicians using trans people as political fodder.”

Nebraska

Voters in Nebraska approved Initiative 442, the Fairness for Girls constitutional amendment. The proposal received 67.81 percent of the vote, the highest level of support among the anti-trans ballot measures considered during this election cycle.

The measure bars students assigned male at birth from participating in sports designated for girls and women, enshrining sex-based athletic eligibility requirements in the state’s constitution.

OutNebraska, an advocacy organization for LGBTQ people in the state, was a vocal opponent of the measure. Although the policy had already been enacted through state law, the ballot initiative made it part of the state constitution, making it more difficult to change or challenge.

The organization previously described the measure as causing “real damage” to trans children.

“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,” Nia Patterson, the organization’s communications manager, posted in June. “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,” Patterson added. “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.”

Washington

Washington voters approved Initiative 638 with more than 55 percent of the vote, barring students assigned male at birth from participating in girls’ K-12 sports. The measure also requires all girls — both cisgender and trans — to verify their sex before joining a girls’ team, while boys face no similar requirement. Verification can be based on reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels.

The vote marks a reversal of nearly two decades of state policy allowing trans students to participate in sports consistent with their gender identity.

Despite the measure’s passage, LGBTQ and educational organizations swiftly moved to challenge its legality in court.

The American Civil Liberties Union of Washington and Pacifica Law Group filed a lawsuit seeking to block the measure. On Nov. 9, a second coalition of parents and educators filed a separate challenge, arguing that the initiative discriminates against trans girls and violates several provisions of the state constitution.

The plaintiffs include TransFamilies, a nonprofit supporting families with trans and gender-diverse children; the Washington Education Association, which represents more than 90,000 educators; and parents of students who play girls’ sports. TransFamilies and the parents are represented by the ACLU of Washington and Legal Voice, while the educators’ union is represented by Pacifica Law Group.

The lawsuit argues that the sex-verification requirements violate students’ privacy rights under Article I, Section 7, and the state’s Equal Rights Amendment by subjecting girls, but not boys, to additional scrutiny. It also cites Article IX’s guarantee of equal access to education and argues that the initiative improperly amends the Washington Law Against Discrimination and other state laws protecting trans people.

The coalition will seek emergency relief to prevent the measure from taking effect Dec. 3.

TransFamilies founder Aidan Key, who helped lead efforts to establish Washington’s inclusive school sports policy in 2007, said the state had spent two decades embracing trans and gender-diverse student-athletes.

“It has been my great privilege over the last two decades to see communities throughout Washington embrace trans and gender-diverse student-athletes in their schools,” Key said. “When people are provided accurate information, have their questions or concerns addressed, and understand why participation —for trans children and everyone else — matters, they gain clarity and confidence that inclusion, not division, makes us all stronger.”

“Washington educators are committed to fair and welcoming schools where all students can thrive,” said Washington Education Association President Janie White. “This new requirement is in direct conflict with the state’s paramount duty to educate our children without discrimination.”

“Sports give young people a place to make friends and be part of a team, but Initiative 638 seeks to deny transgender girls those opportunities,” said Adrien Leavitt, staff attorney for the ACLU of Washington. “Washington has long had strong protections against discrimination. We will fight to stop this law from taking effect and prevent this needless attack on youth in our state.”

“Think about what this law actually does: it creates an invasive surveillance process that could traumatize young girls across Washington — all in the name of discriminating against trans people,” said Legal Voice Managing Director Julia Marks. “Legal Voice has been fighting for equal access to athletics for all girls since our first case 50 years ago, and we’re not about to go backward in Washington.”

The broader political fight over trans rights

Despite the passage of several significant anti-trans ballot measures across the country, candidates who were targeted by anti-trans political advertisements won their races in Ohio, Texas, Michigan, and Alabama. Georgia and Wisconsin also elected their first trans or nonbinary state lawmakers.

The results highlight the increasingly prominent role trans rights have played in the culture-war politics of the Trump era. Hundreds of millions of dollars were spent on anti-trans political advertisements in elections across the country, as Republicans increasingly weaponized trans identity and made it a central part of their party platform.

However, the strategy came as voters continued to prioritize issues such as affordability and corruption, potentially benefiting their Democratic counterparts and contributing to one of the bluest retaliatory swings of the political pendulum in recent memory.

Lambda Legal Deputy Legal Director for Policy Cathryn Oakley argued that the election demonstrated the limits of using trans people as political targets.

“We already have learned a fundamental truth from the outcome of this election — throwing transgender and nonbinary people under the bus failed to accomplish the objectives of people who invested hundreds of millions of dollars into trying to turn us against each other,” Oakley said. “In Virginia, voters cleared antiquated, discriminatory language out of their constitution and affirmed that marriage equality is here to stay. In Missouri, voters rejected efforts to take healthcare decision making away from Missourians and give it to lawmakers instead. We are hopeful that when all the ballots are counted in Colorado and Washington, that voters in those states will have turned down measures that would have subjected girls to invasive inspections, taken health care decisions away from families and doctors, and stripped protections from students who confide in trusted adults at school.”

Oakley also emphasized the impact the political climate has had on trans and nonbinary young people, particularly those targeted by political campaigns.

“Our hearts go out to the transgender and nonbinary young people all across the country who have been subjected to these relentless, cynical attacks for no reason other than disapproval and misunderstanding of who they are. Lambda Legal sees you and will continue to fight for you, as we will continue to fight in places like Arizona and Nebraska, where the fight against discriminatory ballot measures was hard-fought but didn’t prevail. The truth is, these ballot measures aren’t about us — they are about the need of some people to divide Americans and turn us against one another,” Oakley continued.

“We will never accept that. Lambda Legal will keep fighting through impact litigation, advocacy and public education. The time of scapegoating our communities for cheap political gains is over.”

McBride: Democrats cannot abandon trans people

U.S. Rep. Sarah McBride (D-Del.), the nation’s first openly trans member of Congress who just won reelection for her seat, pushed back against the idea that Democrats need to abandon trans people politically to win elections during a call with the Human Rights Campaign on Tuesday night. She argued that the party’s electoral gains were not built by sacrificing vulnerable communities.

“The majority was not built by throwing vulnerable people under the bus. This majority was built by people of principle, by candidates who have defended their voters and their constituents, all of them, regardless of their sexual orientation and gender identity.”

McBride also argued that voters were increasingly rejecting anti-trans political attacks, particularly when those attacks came at the expense of addressing more immediate concerns.

“Anti-trans politics was a flop this election; they were a flop in 2025. The American people are tired of a politics of cruelty that does nothing to lower costs or address corruption throughout our society. They want serious leaders who bring us together and focus on the issues that keep them up at night.”

Her own reelection, she said, was another indication that trans identity was not an electoral liability for candidates willing to defend LGBTQ people.

“I’m proud that at a time when Republicans seemingly made every single issue in some form or fashion about trans issues, that voters in my state returned the nation’s first out transgender member of Congress to office, with the largest number of votes of any candidate on the statewide ballot this year.”

Advocates warn of the lasting impact on trans youth

While the election results offered some victories for LGBTQ advocates, organizations working with trans youth warned that the passage of ballot initiatives in four states would have consequences extending well beyond Election Day.

Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns at the Trevor Project, said the election should serve as a warning to politicians who continue to use trans young people as political targets.

“If there is one takeaway from the 2026 midterms, it’s that politicians must stop attacking transgender young people in hopes of political gain. With ballot initiatives in five states and hundreds of millions of dollars in anti-transgender attack ads, the 2026 U.S. midterm elections were a historic showing for anti-trans political forces. In many races all across the U.S., voters rejected anti-transgender political rhetoric and, instead, cast their votes based on the issues that mattered most to them.

“However, it is important to underscore that multiple states advanced ballot measures that restrict the rights of transgender young people. The Trevor Project’s peer-reviewed research found that transgender and nonbinary youth living in states where anti-transgender state laws were enacted reported up to a 72 percent increase in past-year suicide attempts.

“No matter your personal politics, or who you voted for, it’s important to recognize that the hostile political environment takes a toll on transgender youth mental health that lasts long after elections end. Transgender and nonbinary youth face disproportionate rates of suicide risk not because of who they are, but because of how they are mistreated and stigmatized.

“Across every state and every political party, leaders should let these young people and their families live their lives – not attack them further to score political points. Transgender people are people. Transgender kids are kids. And they deserve to grow up in a country that respects and supports them, just like all kids do.”

The Trevor Project’s 2025 U.S. National Survey on the Mental Health of LGBTQ+ Young People further illustrates the toll the political climate has taken on trans and nonbinary youth. The survey found that 40 percent of trans and nonbinary young people seriously considered attempting suicide in the past year.

It also found that 94 percent said recent LGBTQ-related policies, laws and debates caused them stress or anxiety, while 86 percent said those developments made them feel unsafe. Additionally, 38 percent said they or their families had considered moving to another state because of those policies.

HRC President Kelley Robinson similarly warned that, despite the election results, LGBTQ rights remain vulnerable to political and legal challenges.

“The last couple of years have taught us as a community how fragile our rights are. Right now, too many of our rights are hanging on by a single Supreme Court case.”

Robinson pointed to the 30 states that still have same-sex marriage bans on their books and warned that employment discrimination protections could also be at risk if the U.S. Supreme Court overturns Bostock v. Clayton County.

She said the political fight over trans rights is far from over, arguing that opponents will continue to use LGBTQ people as political targets rather than address the issues affecting Americans.

“We’ve made it through the battle, but we’re not at the end of this war. I think that we will continue to see our opposition try to weaponize queer and trans lives for only political gain because they do not have answers or solutions to the problems and the crisis that is facing most Americans every single day.”

Robinson also described the consequences of the anti-trans political advertising campaign, particularly how it has shaped public perceptions of trans people and the challenges they face.

“One of the repercussions of these ads is that people are starting to see the cruelty that is happening for trans people, the levels of violence that they’re experiencing, the challenges in getting healthcare, the challenges and bullying that kids are facing in schools, sometimes at the hands of adults.”

Polling data also suggested a disconnect between the political emphasis on trans issues and voters’ priorities.

Anna Greenberg, a senior partner at GQR, an advisory firm that conducted polling on voter attitudes toward anti-trans measures, said 65 percent of people surveyed wanted to hear less about trans issues, the highest figure among the issues included in the polling.

“What I think comes out of this survey is what we experienced in real time, in those campaigns … [is that] the actual ads made had no impact on the races that we were working in,” Greenberg said during the HRC post-election call.

She also explained that the anti-transr rhetoric that appeared to have worked in 2024 to help reelect President Donald Trump is no longer proving effective. If anything, it is beginning to alienate some of the less fringe members of the Republican Party.

“Voters think the GOP’s obsession with trans people is a little strange,” Greenberg added. “We asked this question. We said, “Do you agree or disagree with: ‘Republicans’ obsession with transgender people and children is strange and over the top.’ 58 percent of people agreed with that statement.”

She also explained during the call that only 3 percent of Republican voters mentioned trans issues when asked why they voted Republican.

The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.

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