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Could Nevada ballot Question 1 result in transgender women competing in women’s sports?

By Todd Butterworth
YES

By guaranteeing equal legal rights to all gender identities (among other groups), Nevada’s ballot Question 1 could be used to assert that transgender women, assigned male at birth, can compete in women’s sports.

Nevada’s Interscholastic Activities Association already recommends allowing transgender students to participate in sports consistent with their gender identity. Their 2016 Transgender Participation Position Statement and Policy reads in part, “A student shall be permitted to participate on a gender-specific sports team that is consistent with the public gender identity of that student.”

The 1971 federal Equal Rights Amendment proposed, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Nevada’s Question 1 goes further to cover “race, color, creed, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.” 

This fact brief is responsive to conversations such as this one.
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