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Nevada Governor Joe Lombardo (Photo: Megan Barth)

Lombardo Vows to Keep Fighting for Girls’ Sports After Nevada Supreme Court Ruling Clears Path for Voters

Lombardo: ‘The fight is not over’

By Megan Barth, June 19, 2026 12:48 pm

Nevada Governor Joe Lombardo on Friday declared that the battle to protect girls’ and women’s sports from biological males is far from over, even after legal delays prevented a ballot initiative from qualifying for the November 2026 election.

In a statement posted on X, Lombardo applauded the Nevada Supreme Court’s recent unanimous ruling, which affirmed the people’s right to bring important issues before voters through the initiative process.

“Nevadans overwhelmingly support protecting girls’ sports and ensuring fair competition for female athletes,” Lombardo stated. “Unfortunately, the legal delays and uncertainty surrounding this case have made it impossible to complete the initiative process in time for the 2026 ballot.”

The governor announced he will ask the Nevada Legislature to take up the issue next February, noting it enjoys broad bipartisan support. If lawmakers decline to act, Lombardo pledged to return the court-approved language directly to voters on the 2028 ballot.

“This fight is not over,” Lombardo wrote. “Nevada’s girls deserve a level playing field, and I will make sure they get it.”

The initiative, spearheaded by the Protect Girls’ Sports PAC and backed by Governor Lombardo, seeks to amend the Nevada Constitution to require that eligibility for athletic competitions in public schools and colleges be determined by an athlete’s biological sex recorded at birth. Biological males would be barred from competing in categories designated for biological females, while biological females could compete in male categories if no comparable female option exists.

The measure would also direct publicly funded entities, including schools and athletic governing bodies, to categorize sports as male, female, or co-ed/mixed.

Lombardo and supporters launched the effort earlier this year, arguing it would enshrine fairness and safety in girls’ and women’s sports amid growing national debate over transgender participation. Polling and public sentiment in Nevada have consistently shown strong support for protecting female categories based on biology.

The lawsuit challenging the initiative was filed on January 29, 2026, by Sue Burtch, executive director of the Nevada chapter of the National Organization for Women (NOW). The case, Burtch v. Aguilar, named Nevada Secretary of State Francisco Aguilar and the Protect Girls Sports PAC as defendants. NOW positioned the challenge as a women’s rights effort, arguing that the initiative’s “description of effect” was misleading and failed to adequately inform voters that the measure would create an exception to Nevada’s 2022 Equal Rights Amendment.

A Carson City district court judge ruled in late February 2026 that the initiative could proceed with signature gathering but ordered modifications to the summary language. Opponents appealed to the Nevada Supreme Court.

The high court heard oral arguments in early June. Its unanimous ruling, praised by Lombardo, upheld the validity of the initiative process and affirmed voters’ right to decide the issue. However, the prolonged litigation created enough uncertainty and delay that organizers could not meet the tight signature deadlines required to qualify for the 2026 ballot.

Lombardo’s approach, first pursuing legislative action in the 2027 session, then preparing a renewed initiative drive for 2028 if necessary, reflects a strategic, multi-pronged effort to deliver a permanent solution.

Supporters argue the measure is common-sense policy already aligned with actions taken by many other states and athletic organizations prioritizing biological sex for competitive fairness. Critics have portrayed it as discriminatory, but Lombardo and backers maintain it protects opportunities created specifically for female athletes.

The governor’s firm commitment signals that Nevada’s Republican leadership intends to keep the issue front and center heading into the 2026 midterm and gubernatorial cycle, where Lombardo is seeking re-election and will face Attorney General Aaron Ford in November. 

Ford commented on the initiative shortly after its announcement. While stating he does not personally support transgender athletes competing in sports that do not match their sex assigned at birth, Ford called the measure a “political ploy” to drum up support for Lombardo’s re-election campaign. He expressed concern that it would increase discrimination against transgender Nevadans. 

“My faith teaches me that every person is a child of God and deserves to be treated with humanity, dignity, and respect,” Ford said. “And as Attorney General, I will continue defending the constitutional rights of every Nevadan.” 

As Lombardo put it in his statement: the fight continues until Nevada’s girls have the level playing field they deserve.

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