The Nebraska Supreme Court has ruled in favor of a proposed constitutional amendment initiative, allowing it to remain on the ballot for the upcoming general election. The case, Ullman v. Evnen (Docket No. S-26-753), centered around a complaint filed by Cara Ullman, who challenged the legal sufficiency of the initiative known as the "Fairness for Girls" amendment. This ruling is significant as it impacts the rights of voters to propose amendments to the state constitution.
In her complaint, Ullman argued that the initiative did not meet statutory requirements for placement on the ballot, specifically claiming that its object statement was insufficient. The court's decision affirms the lower court's ruling, which dismissed Ullman's complaint, allowing the initiative to proceed to the November 3, 2026, general election.
Background
The parties involved in this case include Cara Ullman, the appellant, and Robert Evnen, the Nebraska Secretary of State, along with the initiative's sponsors: Robert Schafer, Julie Slama, and Elizabeth Nunnally. The dispute arose after the sponsors filed the "Fairness for Girls" initiative with the Secretary of State in February 2026. The initiative aims to amend the Nebraska Constitution to ensure equal access to athletic opportunities for females by establishing sex-separate athletics.
Ullman filed her complaint in September 2026, claiming that the initiative's object statement did not comply with the requirements set forth in Nebraska Revised Statutes § 32-1401 and § 32-1405. She argued that the statement failed to adequately describe the legal effect of the petition and the object sought by the initiative. The district court dismissed her complaint, leading to Ullman's appeal to the Nebraska Supreme Court.
The Ruling
The Nebraska Supreme Court ruled in favor of the initiative, affirming the lower court's decision. The court stated, "The object statement satisfies § 32-1401's requirement that it include 'the legal effect of the filing of the petition and the object sought to be secured by submitting the measure to the voters.'" The court emphasized the importance of the initiative process, noting that statutory provisions authorizing initiative petitions should be construed liberally to promote democratic participation.
The court found that Ullman's arguments regarding the insufficiency of the object statement did not hold up under scrutiny. The ruling clarified that the object statement need not summarize all major provisions of the initiative, but rather must identify the overall purpose. The court concluded that the initiative's object statement adequately informed potential signers of its intent.
Impact
This ruling has significant implications for the future of ballot initiatives in Nebraska. By affirming the lower court's decision, the Nebraska Supreme Court has reinforced the right of citizens to propose constitutional amendments through the initiative process. The court's interpretation of the statutory requirements suggests that a broad and inclusive approach will be favored in future cases involving ballot initiatives.
The ruling also indicates that challenges to ballot initiatives based on technicalities may face an uphill battle. The court's decision emphasizes the importance of allowing voters to have their say on proposed amendments, which is a fundamental aspect of the democratic process. This case may set a precedent for how similar challenges are handled in the future.
What's Next
The initiative will remain on the ballot for the upcoming general election, where voters will have the opportunity to decide its fate. Ullman could potentially seek further legal recourse, but the court's ruling effectively allows the initiative to move forward. There are currently no related cases pending that would affect this initiative.