LGBTQ+ rights were on the ballot in at least seven states last night, from enshrining marriage equality in a state constitution to banning trans inclusion in sports. As the results come in, there’s some good news to be found, but there were losses, too, particularly when it comes to trans inclusion in sports. While the story of the 2026 midterms is a blue wave and a massive referendum on Donald Trump and Republicans, it appears the momentum did not directly translate to ballot measures.
Because ballot measures are single-issue and do not attach a party affiliation, party loyalties and discontent with the ruling party are less likely to come into play. In some cases, misinformation campaigns can push people to vote for initiatives they might not otherwise support.
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As trans activist Chase Strangio with the ACLU posted on Instagram, “Ballot measures are a function of funding more than anything and are wildly undemocratic. These votes against us should not be used as justification to throw us under the bus.”
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But even when voters approve a ballot measure, it can still be challenged in court. Since 1995, state and federal courts have overturned 57 ballot measures.
Trans sports bans
Arizona, Colorado, Nebraska, and Washington state all offered voters the chance to weigh in on whether trans children should be banned from inclusion in school sports, with Arizona’s ballot initiative also seeking to bar trans kids from single-sex spaces that align with their gender identity. The Supreme Court ruled in July in the West Virginia v. B.P.J. case that while states were not required to discriminate against trans children, they were allowed to when it came to sports.
The measures used much of the same language, and none of them included carveouts for intersex children.
Arizona Proposition 318: The measure passed, with 83% of the votes counted and 58.9% voting in support. The measure expands the contested SB1165, which passed in 2022 and defines gender based on a student’s original birth certificate.
Colorado Proposition 134: As of writing, the Associated Press (AP) still lists Prop 134 as too close to call. With 75% of the vote counted, the “Yes” vote leads by a small margin. If the proposition passes, it will define gender based on a student’s “reproductive system” and allow them to participate on sports teams accordingly.
Nebraska Initiative 442: Voters approved the trans sports ban. With 90% of the votes counted, 68% had voted to support the ban. A 2025 law already bars trans girls and women from participating in sports aligned with their gender identity, but the ballot measure now enshrines that ban in the state’s constitution.
Washington Measure 638: As of writing, Washington’s trans sports ban ballot measure is too close to call, with 59.7% of the vote in, but the votes in support of the measure are leading. The measure would require all K-12 students who want to play on girls’ sports teams to provide a signed statement from their doctor verifying their gender assigned at birth. There is no such requirement to play on a boys’ team.
Gender-affirming care bans
Colorado and Missouri both listed gender-affirming care bans on their ballots.
Colorado Proposition 135: As of writing, this is too close to call, but the votes in favor have a slight lead. The measure would ban gender-affirming surgery of any kind for anyone under the age of 18, as well as bar the use of federal funds, Medicaid, or even private insurance from funding such surgeries.
Missouri Amendment 3: Some good news: Amendment 3 was voted down, with 55% voting against the measure. In addition to banning all forms of gender-affirming care for trans people (there was a carve-out for gender-affirming care that wasn’t for the purpose of a “gender transition”), the amendment would have also prohibited most abortions and repealed the state’s constitutional right to reproductive freedom, which was ratified by voters in 2024.
Three pieces of good ballot initiative news
Vermont Proposal 4: At the time the AP called this decision, nearly 80% of voters supported this proposal, which is set to guarantee equal protection under the law for all, prohibiting the denial of rights based on race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.
Washington Initiative 001: While at the time of writing it is still too early to call, this measure is on track to be rejected by voters. Washington state’s ballot measure would reinstate the language of the state’s parental rights laws from 2024, before Democrats updated them in 2025. Doing so would have provided additional access to children’s school files, which caused major concern that schools would be forced to out trans kids to unsupportive parents.
Virginia Ballot Question 2: Voters supported a ballot initiative in Virginia to amend the state’s constitution to remove a ban on same-sex marriage. The ban is still on the books despite not being enforceable by federal law. The amendment affirms that two adults can marry regardless of sex, gender, or race, and requires all legal marriages to be treated equally under the law. Other ballot questions also passed, protecting access to abortion and the right to vote.
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