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Colorado Sex Requirement for School and College Sports Initiative (2026)

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Colorado Sex Requirement for School and College Sports Initiative

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Election date

November 3, 2026

Topic
Athletics and sports and Higher education governance
Status

On the ballot

Type
Initiated state statute
Origin

Citizens



The Colorado Sex Requirement for School and College Sports Initiative is on the ballot in Colorado as an initiated state statute on November 3, 2026.

A "yes" vote supports requiring student athletes to participate on men's or women's school and collegiate athletic teams that match their sex, defined as biological reproductive systems.

A "no" vote opposes requiring student athletes to participate on men's or women's school and collegiate athletic teams that match their sex, defined as biological reproductive systems.


Overview

What would Initiative 109 do?

See also: Text of measure

The ballot initiative, Initiative 109, would require school- and association-sponsored athletic teams to be classified in one of three categories based on biological sex: (1) males/men/boys, (2) females/women/girls, or (3) coeducational or mixed. Teams designated for females, women, or girls would not be open to male students or participants. Teams designated for males, men, or boys would not be open to female students or participants unless no corresponding female team is offered for that sport. The measure would not limit participation in teams designated as coeducational or mixed.[1]

The ballot initiative would define females as "person[s] whose biological reproductive system is organized around the production of ova," and males as "person[s] whose biological reproductive system is organized around the production of sperm."[1]

Each school’s governing body would be required to adopt a policy implementing the measure.[1]

What do supporters and opponents say about Initiative 109?

See also: Support and Opposition

Protect Kids Colorado, the organization leading the campaign in support of Initiative 109, said, "It's not fair – It's not safe. Bigger, stronger biological males are invading girls' sports in Colorado, taking away our girls' dignity, safety, and opportunity. Our ballot measure ensures girls' sports are protected, requiring sports leagues and teams be specifically designated male, female, or co-ed. Because girls' sports in Colorado should be for girls. That's it."[2]

Nadine Bridges, executive director of One Colorado, which is leading the Families Not Politics campaign against Initiative 109, said, "[Initiative 109] is vague, poorly written, and leave[s] critical questions unanswered. Who decides who gets questioned, who gets inspected, and which kids are going to be singled out? When laws are written this vaguely, they open the door to unintended consequences that can cause serious harm to all of our kids."[3]

What are the current laws about gender identity in Colorado?

See also: Background

On May 20, 2021, Gov. Jared Polis signed the Gender Identity Expression Anti-discrimination Act (HB21-1108), which amended section 24-34-601 of the Colorado Revised Statutes to include gender identity and gender expression as protected classes in places of public accommodation. [4]

According to section 24-34-600.3, educational institutions and sporting or recreational areas and facilities are included as examples in the definition of a place of public accommodation.[5][6]

Text of measure

Ballot title

The ballot title for the initiative is as follows:[1]

Shall there be a change to the Colorado Revised Statutes creating new law restricting participation in all K-12 and collegiate school sports based on the participant’s sex as determined by certain aspects of their biological reproductive system, and, in connection therewith, requiring a school, institution of higher education, or athletic association to designate each school or intramural athletic team or sport as male, female, or coeducational; only allowing participants to compete on the team or sport of their designated sex or to compete on a coeducational team; creating an exception to allow a female to participate on a male-designated team or sport if there is no female team available; prohibiting a government entity, licensing or accrediting organization, or athletic association from entertaining a complaint, opening an investigation, or taking other adverse action against a school for maintaining separate teams or sports for females; and providing the commissioner of education with the authority to enforce the proposed initiative for K-12 school districts?[7]

Full text

The ballot initiative would add an Article 60 to Colorado Revised Statutes Title 25. The following underlined text would be added:[1]

Note: Use your mouse to scroll over the text below to view the ballot language.

25-60-101. Short title. Article 60 of this title shall be known and may be cited as the “Protect Women and Girls Sports Act.”

25-60-102. Definitions: As used in this Article 60, unless the context otherwise requires:

(1) “Athletic association” means a corporation, association, or organization which has as one of its primary purposes the sponsoring or administration of extracurricular interscholastic athletic contests or competitions.

(2) “Boy” means an adolescent human male.

(3) “Female” means a person whose biological reproductive system is organized around the production of ova. Female includes a woman and a girl.

(4) “Girl” means an adolescent human female.

(5) “Male” means a person whose biological reproductive system is organized around the production of sperm. Male includes a man and a boy.

(6) “Man” means an adult human male.

(7) “Postsecondary educational institution” means a public or private university, college, or community college located in Colorado that is a member institution of an accrediting body recognized by the United States Department of Education.

(8) “School” means any

(a) public, charter, private, or denominational school offering instruction in elementary or secondary grades or

(b) postsecondary educational institution.

(9) “State agency” means any state board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch.

(10) “Woman” means an adult human female.

25-60-103. Men’s and women’s sports teams.

(1) An interscholastic or intramural athletic team or sport that is sponsored by a school or athletic association shall be expressly designated as one of the following based on biological sex:

(a) Males, men, or boys;

(b) Females, women, or girls; or

(c) Coeducational or mixed.

(2)(a) An interscholastic or intramural athletic team or sport sponsored by a school or athletic association that is designated for females, women, or girls shall not be open to a male student or participant.

(b) An interscholastic or intramural athletic team or sport sponsored by a school or athletic association and designated for males, men, or boys shall not be open to a female student or participant unless there is no female team offered or available for such sport for such female student or participant.

(3) Nothing in this section shall be construed to restrict the eligibility of any student or participant to participate in any interscholastic or intramural athletic teams or sports designated as coeducational or mixed.

(4) A government entity, licensing or accrediting organization, or athletic association may not entertain a complaint, open an investigation, or take any other adverse action against a school for maintaining a separate interscholastic or intramural athletic team or sport for female students or participants.

25-60-104. Enforcement by the commissioner of education.

(1) The governing body of each school must adopt a policy implementing the provisions of this article.

(2) If the commissioner of education determines that any school district as defined in section 22-30-103(13) has intentionally refused to comply with this article, the commissioner shall notify the school district of the noncompliance and allow the school district a reasonable time to comply. If the commissioner determines, after such time has elapsed, that the school district is not in compliance and has not made a good-faith attempt to comply, the commissioner shall take appropriate remedial action within the commissioner's authority.

25-60-105. Protections under the Americans with Disabilities Act.

Notwithstanding any other provision within this article, an individual born with a diagnosis of a disorder or difference in sex development must receive all legal protections and accommodations afforded under federal law.

25-60-106. Severability.

If any section in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.
[7]

Support

Protect Kids Colorado is leading the campaign in support of the ballot initiative.[8] Additionally, the organization is leading the campaign in support of Initiative 108 and Initiative 110.

Supporters

Organizations

  • Colorado Catholic Conference
  • Focus on the Family

Arguments

  • Colleen Enos, Christian Home Educators of Colorado: "To allow males to compete against females when they are physically advantaged in muscle mass, bone density, and muscle capacity makes a mockery out of Title IX protections for girls."
  • Protect Kids Colorado: "It's not fair – It's not safe. Bigger, stronger biological males are invading girls' sports in Colorado, taking away our girls' dignity, safety, and opportunity. Our ballot measure ensures girls' sports are protected, requiring sports leagues and teams be specifically designated male, female, or co-ed. Because girls' sports in Colorado should be for girls. That's it."
  • Colorado Catholic Conference: "School and athletic organization policies that undermine the biological reality of a person's body as male or female deny human dignity and are abusive to minors. Policies that allow biological men to participate in women's sports promote the unfair treatment of women and pose potentially dangerous and inappropriate situations for young women, including sharing bathrooms and locker rooms with biological men."


Opposition

Families Not Politics is leading the campaign in opposition to the ballot initiative.[9] Additionally, the organization is leading the campaign in opposition to Initiative 110.

Opponents

Organizations

  • Inside Out Youth Services
  • Interfaith Alliance
  • One Colorado
  • Planned Parenthood of the Rocky Mountains
  • Rocky Mountain Equality

Arguments

  • Rocky Mountain Equality: "This initiative would prohibit transgender youth of any age from playing sports with their peers. It singles out one small group of students and keeps them from participating in the same school activities as all other students."
  • Z Williams, co-director of Bread and Roses Legal Center: "This ballot measure is basically taking a non-issue — there are not that many children who are trans, and there are not that many people who are trans who are athletes — and is using it as a flashpoint for organizations who are very concerned, and I think rightfully so, that their ideology is dwindling. ... They're organizations that are interested in protecting very few kids and, like I said, their efforts are going to open up increased scrutiny of all girls and make all girls now the target of investigation about their gender arrangement, about their biology."
  • Nadine Bridges, executive director of One Colorado: "[Initiative 109] is vague, poorly written, and leave[s] critical questions unanswered. Who decides who gets questioned, who gets inspected, and which kids are going to be singled out? When laws are written this vaguely, they open the door to unintended consequences that can cause serious harm to all of our kids."


Sponsors

Protect Kids Colorado is leading the campaign in support of the ballot initiative. Supporters named the initiative the Protect Women and Girls Sports Act.[10]

Campaign finance

See also: Ballot measure campaign finance, 2026 and Contributions to Colorado ballot measure campaigns

Protect Kids Colorado registered as a political action committee (PAC) to support the ballot initiative.[11]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $53,396.81 $2,333.09 $55,729.90 $51,881.91 $54,215.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $53,396.81 $2,333.09 $55,729.90 $51,881.91 $54,215.00

Support

The following table includes contribution and expenditure totals for the committee in support of the ballot measure.[12]

Committees in support of Sex Requirement for School and College Sports Initiative
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Protect Kids Colorado $53,396.81 $2,333.09 $55,729.90 $51,881.91 $54,215.00
Total $53,396.81 $2,333.09 $55,729.90 $51,881.91 $54,215.00

Donors

The following were the top donors to the committees.[12]

Donor Cash Contributions In-Kind Contributions Total Contributions
Protect Kids Colorado, 501(c)4 $29,731.39 $2,031.70 $31,763.09
Pikes Peak Citizens For Life $4,000.00 $0.00 $4,000.00

Background

Recent developments of sports eligibility requirements based on sex in Colorado

Gender Identity Expression Anti-discrimination Act (2021)

On May 20, 2021, Gov. Jared Polis signed the Gender Identity Expression Anti-discrimination Act (HB21-1108), which amended section 24-34-601 of the Colorado Revised Statutes to include gender identity and gender expression as protected classes in places of public accommodation. [13]

According to section 24-34-600.3, educational institutions and sporting or recreational areas and facilities are included as examples in the definition of a place of public accommodation.[5][6]

Executive Order 14201

See also: Executive Order: Keeping Men Out of Women’s Sports (Donald Trump, 2025)

On February 5, 2025, President Donald Trump (R) signed an executive order stating that it is the "policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth."[14] The executive order defined male and female as they are written in Executive Order 14168.

On May 8, 2025, Colorado Springs School District 49 passed a resolution by a 3-2 vote to establish sex requirements for school sports teams in accordance with Executive Order 14201.[15] On May 9, 2025, the school district filed a lawsuit, School District 49 v. Sullivan, against the Colorado High School Activities Association (CHSAA) and state officials to determine if the policy was legal. Peter Hilts, superintendent of the school district, said, "Rather than being a recipient of potential penalties or legal action, we filed a lawsuit as a pre-enforcement action to make certain that we can protect opportunities for girls, protect privacy for girls and boys, and make sure we are shielding the district from any legal liability."[16]

On December 4, 2025, the CHSAA reached a settlement with District 49 and continued with the other defendants, including Attorney General Phil Weiser and the Colorado Civil Rights Division. [17]

Sports eligibility sex requirements ballot measures, 2026

See also: Ballot measures related to sports eligibility requirements based on sex, 2026

Ballotpedia is tracking five ballot measures related to sports eligibility requirements based on sex.

Qualified

Two measures in Colorado and Washington that address transgender sports participation have qualified for statewide ballots in 2026.

State Type Title Description
CO

CISS

Sex Requirement for School and College Sports Initiative Require all K-12 and collegiate school sports teams to be separated based on biological sex, unless the team is co-ed
WA

IndISS

Sex Verification Requirements for Female School Sports Initiative Require school and voluntary nonprofit athletics to prohibit biologically male students from competing with and against biologically female students


Colorado Require Separate Teams Based on Biological Sex or Co-Ed Teams for School Sports Measure

The initiated state statute would require all K-12 and collegiate school sports teams to be separated based on biological sex, unless the team is co-ed. It was filed by Protect Kids Colorado. It was cleared for gathering signatures on August 25, 2025. The deadline to submit signatures was February 20.[18]

On March 16, 2026, the Colorado Secretary of State certified the initiative for the ballot.[19]

Support

Protect Kids Colorado's campaign website says, "Bigger, stronger biological males are invading girls' sports in Colorado, taking away our girls' dignity, safety, and opportunity. Our ballot measure ensures girls' sports are protected, requiring sports leagues and teams be specifically designated male, female, or co-ed. Because girls' sports in Colorado should be for girls. That's it."[20]

Opposition

Z Williams, co-director of the Denver nonprofit Bread and Roses Legal Center, said, "The number of trans athletes is incredibly small, and the number of gender-affirming surgeries done for transgender youth or minors is even smaller. We have two ballot measures … that are going to require hundreds of thousands of dollars, waste a lot of time, create a lot of confusion during the election over two pretty much manufactured issues.”[21]

Potential

Three ballot initiatives are in the process of qualifying for the ballot in Nevada, Maine, and Nebraska. All three measures would require sport participation based on sex, unless a team is co-ed.

State Type Title Description
ME

IndISS

Birth Certificate Sex Requirement for Public School Sports Initiative Require that public school sports teams designated for girls or boys be limited to students of the corresponding sex, as recorded on their birth certificate
NE

CICA

Sex Requirement for School and College Sports Amendment Require schools designate sports team as male, female, or co-ed and prohibit male participation on female sports teams
NV

CICA

Biological Sex Requirements for School Sports Programs Amendment Require that eligibility for sports or athletic competitions in public schools and colleges is based upon the biological sex of the athlete recorded at birth rather than gender identity or gender expression, and that biological males are not permitted to participate in a sport or competition designated for biological females


Maine Birth Certificate Sex Requirement for Public School Sports Initiative

The indirect initiated state statute would require that public school sports teams designated for girls or boys be limited to students of the corresponding sex, as recorded on their original birth certificate. The ballot initiative would also require public schools to maintain separate restrooms, locker rooms, shower rooms, and other private spaces for each sex. Schools would be required to designate athletic teams as male, female, or coeducational. Girls would be allowed to participate on male-designated teams when no female-designated team is available for that sport. The ballot initiative would allow students who are denied athletic opportunities or suffer direct injuries due to violations of the initiative to bring a civil action for injunctive relief, damages, and attorney’s fees against a school or the organization that governs interscholastic or competitive school sports.

Protect Girls Sports in Maine is sponsoring the initiative. The initiative was approved for signature gathering in November 2025. The campaign filed more than 82,000 signatures.

Support

Protect Girls' Sports in Maine said on its campaign website, "The truth is, males are currently in female sports, taking female trophies, and invading female safe spaces (like locker rooms and bathrooms). This is not a far away concept; it is happening right here in Maine. Concerned parents have brought these issues to their school boards, but the Maine Principal’ Association and State Legislature have failed to act. It’s now time that we – as citizens of this great state – decide for ourselves what we want for our kids."[26]

Opposition

Harry Burke, campaign manager for U.S. House candidate Matt Dunlap (D), said, "Mainers are worried about healthcare and the cost of living. This is a manufactured issue from Republicans. Paul LePage is only trying to distract from the fact that he cut healthcare for working class people so he could afford to give massive tax breaks to rich people.”[27]

Path to the ballot

See also: Laws governing the initiative process in Colorado

The state process

An initiated state statute is a citizen-initiated ballot measure that amends state statute. There are 21 states that allow citizens to initiate state statutes, including 14 that provide for direct initiatives and nine (9) that provide for indirect initiatives (two provide for both). An indirect initiated state statute goes to the legislature after a successful signature drive. The legislatures in these states have the option of approving the initiative itself, rather than the initiative appearing on the ballot.

In Colorado, the number of signatures required for an initiated state statute is equal to 5% of the votes cast for the Colorado secretary of state in the preceding general election. A simple majority vote is required for voter approval. The requirements to get an initiated state statute certified for the 2026 ballot:

Details about this initiative

  • July 25, 2025: The initiative was filed by Erin Lee and Michele Austin.[1]
  • August 25, 2025: The initiative was cleared for signature gathering with signatures due by February 20, 2026.[1]
  • February 20, 2026: The campaign supporting the initiative, Protect Kids Colorado, reported submitting over 164,000 signatures to the Colorado secretary of state for review.[1]
  • March 16, 2026: Secretary of State Jena Griswold (D) announced that a 5% random sample of the submitted signatures projected that the petition contained more than 110% of the number of valid signatures required, thereby qualifying for the ballot.[35]

How to cast a vote

See also: Voting in Colorado

See below to learn more about current voter registration rules, identification requirements, and poll times in Colorado.

How to vote in Colorado


See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Colorado.

Colorado ballot measures

Explore Colorado's ballot measure history, including citizen-initiated ballot measures.

Initiative process

Understand how measures are placed on the ballot and the rules that apply.

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Colorado Secretary of State, "Initiative Filings," accessed August 27, 2025
  2. Protect Kids Colorado, "Homepage", accessed April 3, 2026
  3. Colorado Politics, "Planned Parenthood, groups launch campaign against transgender ballot measures in Colorado," accessed April 3, 2026
  4. Colorado General Assembly, "Gender Identity Expression Anti-discrimination Act (HB21-1108)," accessed April 3, 2026
  5. 5.0 5.1 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=f4ad9c1c-f913-4282-a43a-affa4817fe89&action=pawlinkdoc&pdcomponentid=&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A630C-HY93-CH1B-T0S7-00008-00&pdtocnodeidentifier=AAYAAEAAHAAGAAD&config=014FJAAyNGJkY2Y4Zi1mNjgyLTRkN2YtYmE4OS03NTYzNzYzOTg0OGEKAFBvZENhdGFsb2d592qv2Kywlf8caKqYROP5&ecomp=h2vckkk&prid=da55e887-cd49-4c08-ab74-a6921386a84b Colorado Revised Statutes, "C.R.S. 24-34-601," accessed April 3, 2026]
  6. 6.0 6.1 Colorado Revised Statutes, "C.R.S. 24-34-600.3," accessed April 3, 2026
  7. 7.0 7.1 7.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  8. Protect Kids Colorado, "Homepage," accessed March 9, 2026
  9. Families Not Politics, "Homepage," accessed March 9, 2026
  10. Protect Kids Colorado, "Homepage," accessed March 6, 2026
  11. Colorado TRACER, "Protect Kids Colorado," accessed March 6, 2026
  12. 12.0 12.1 Cite error: Invalid <ref> tag; no text was provided for refs named finance
  13. Colorado General Assembly, "Gender Identity Expression Anti-discrimination Act (HB21-1108)," accessed April 3, 2026
  14. White House, "Keeping Men Out of Women’s Sports," accessed February 27, 2026
  15. KKTV, "Colorado Springs School District 49 passes new policy regarding gender and sports," accessed April 3, 2026
  16. KKTV, "Southern Colorado school district files lawsuit against CHSAA and other state leaders over classification of biological sexes in sports," accessed April 3, 2026
  17. KUNC, In Colorado transgender athlete lawsuit, CHSAA and districts settle, case continues with state," accessed April 3, 2026
  18. Colorado Secretary of State, "Full text," accessed February 9, 2026
  19. Greeley Tribune, "Colorado voters to weigh ban on transgender students playing on teams aligned with their gender identities," March 17, 2026
  20. Protect Kids Colorado, "Home," accessed February 9, 2026
  21. Colorado News Line, "Two ballot initiatives gathering signatures target transgender kids in Colorado," January 8, 2026
  22. Washington Secretary of State, "Initiative Measure No. IL26-638 Full Text, "accessed June 16, 2025
  23. Washington Secretary of State," Secretary Hobbs Notifies Legislature of IL26-638 Certification," January 22, 2026
  24. Let's Go Washington, "YES ON: IL26-638," accessed February 9, 2026
  25. Washington Families for Freedom, "About the ballot initiatives," accessed February 9, 2026
  26. Protect Girls Sports in Maine, "About the effort," accessed February 9, 2026
  27. The Maine Monitor, "The debate over trans rights is heating up in Maine for the 2026 election cycle," December 8, 2025
  28. Nebraska Secretary of State, "Full text," accessed March 10, 2026
  29. Nebraska Examiner, "Nebraska group wants to limit school sports participation by sex in state constitution," March 9, 2026
  30. Facebook, "Rainbow Parents of Nebraska," accessed March 10, 2026
  31. Nevada Secretary of State, "Initiative Petition Text," accessed January 12, 2026
  32. 32.0 32.1 WWLTV, "Nevada Gov. Lombardo leads 2026 ballot initiative to block students born male from female sports," January 8, 2026
  33. Protect Girls Sports Nevada, "Press release," January 7, 2026
  34. Silver State Equality, "SILVER STATE EQUALITY CONDEMNS LOMBARDO’S DISCRIMINATORY BALLOT INITIATIVE TARGETING TRANSGENDER YOUTH," January 8, 2026
  35. Colorado Secretary of State, "Proposed Initiative #109 Qualifies for General Election Ballot," accessed March 17, 2026
  36. Colorado Secretary of State, "Mail-in Ballots FAQs," accessed August 6, 2025
  37. LexisNexis, "Colorado Revised Statutes, § 1-7-101," accessed August 6, 2025
  38. 38.0 38.1 Colorado Secretary of State, "Voter Registration FAQs," accessed August 6, 2025
  39. 39.0 39.1 Colorado Secretary of State, "Colorado Voter Registration Form," accessed August 6, 2025
  40. Colorado Secretary of State, "Go Vote Colorado," accessed August 6, 2025
  41. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  42. Florida's law takes effect on January 1, 2027
  43. Colorado Secretary of State, "Acceptable Forms of Identification," accessed August 6, 2025