Colorado

State by State · Proposition 134 passed

On November 3, 2026, Colorado voters passed Proposition 134, which keeps girls’ and women’s teams for females from kindergarten through college. The Associated Press called the race on November 5, with about 53% voting yes in unofficial returns. It takes effect when the governor proclaims the result after the official count.

The ICONS-backed volleyball players’ lawsuit against the Mountain West Conference and San José State was filed in the U.S. District Court for the District of Colorado, and ICONS hosted the International Women’s Sports Summit in Denver in 2023.

The law in Colorado

Law passed by voters, takes effect when the governor proclaims the vote (results unofficial) · Covers K-12 and colleges

On November 3, 2026, Colorado voters passed Proposition 134, which keeps girls' and women's teams for females from kindergarten through college. It takes effect when the governor proclaims the vote after the official count. Until then, state rules let males who identify as girls play on girls' teams.

Past attempts

HB23-1098 (“Women’s Rights in Athletics”) died 8-3 in the House State, Veterans & Military Affairs Committee, Feb. 13, 2023 (Colorado Newsline; One Colorado). HB26-1083 (“Protect Female Sports Act”) postponed indefinitely 8-3 in committee, March 9, 2026 (Colorado General Assembly).

The law in detail, with sources

The law

Proposition 134 (Initiative 109), a citizen-initiated statute (not a constitutional amendment) requiring teams to be designated male, female or coed by biological sex (Colorado Politics; Ballotpedia). The Associated Press called it passed on November 5, 2026, with about 53% yes to 47% no; results are unofficial until certified (Colorado Sun, Nov. 5). Under the Colorado Constitution, a voter-approved measure takes effect on the date the governor declares the vote by proclamation, and no later than 30 days after the official canvass (Colo. Const. art. V, § 1(4), as quoted in the governor’s 2022 proclamations); recent proclamations have come in late December.

Who it covers

Kindergarten through college, at any school or sports association that gets state funding; enforced by the state education commissioner; not private clubs (Colorado Sun, Nov. 5; Colorado Sun, Nov. 4). Until it takes effect, CHSAA lets students join teams consistent with gender identity after a “confidential evaluation” by the school (Colorado Politics), and the Colorado Anti-Discrimination Act treats exclusion based on gender identity as discrimination (KOAA).

Notes

Prop 134 defines sex by reproductive biology, lets girls join boys’ teams when no girls’ team exists, and bars government or athletic associations from investigating a school for keeping female teams (Colorado Politics). As a statute, the legislature could later amend or repeal it (Colorado Sun). In March 2026 the U.S. Department of Education found Jeffco Public Schools’ sports and facility policies violate Title IX; Jeffco sued over the funding threat (Chalkbeat; Colorado Politics). Several districts that adopted sex-based policies settled with CHSAA in 2025 (Colorado Politics).

What ICONS has done in Colorado

November 25, 2024 · After the court in Colorado denied emergency relief, the players asked the Tenth Circuit for an injunction
November 20, 2024 · Players and a coach were set to testify at an emergency hearing in Denver
November 13, 2024 · ICONS backed a coach and 11 volleyball players from five universities suing the Mountain West Conference
May 12, 2024 · CNN’s The Whole Story with Anderson Cooper featured Marshi Smith and Kim Jones in “The Playing Field,” with footage filmed inside the 2023 ICONS Summit in Denver
July 21, 2023 · ICONS hosted the 2023 International Women’s Sports Summit in Denver, with 32 Olympians, athletes, scientists and lawyers

In the courts and statehouses

First page of the document: Emergency appeal in the Mountain West volleyball case

November 25, 2024 · U.S. Court of Appeals, Tenth Circuit

Injunction denied

Emergency appeal in the Mountain West volleyball case

After the district court denied emergency relief, ICONS-backed players asked the Tenth Circuit to reseed the Mountain West tournament without forfeits and to rule the male player ineligible. The court denied the motion on Nov. 26, 2024.

“An opportunity to compete in a conference championship or qualify for a NCAA national championship, if lost, may never occur again.” From the motion, p. 9

Outcome: On Nov. 26, 2024, the Tenth Circuit denied the emergency motion, finding no clear showing of irreparable harm, while noting the claims 'appear to present a substantial question and may have merit.' Source

Read the motion (PDF) · Media alert

First page of the document: Volleyball players and a coach sue the Mountain West Conference and San José State

November 13, 2024 · U.S. District Court, District of Colorado

Conference dismissed; claims continue

Volleyball players and a coach sue the Mountain West Conference and San José State

A San José State associate head coach and players from several Mountain West schools sued over policies that let a male athlete play women’s volleyball. On March 3, 2026, the court dismissed the conference and the claims against San José State officials personally. The players’ Title IX damages claims against the California State University Board continue; the judge deferred ruling on them until after the Supreme Court’s B.P.J. decision.

“the NCAA, MWC, SJSU and other public colleges and universities have engaged in a purposeful and illegal assault on the rights of women athletes.” From the complaint, p. 3

Outcome: On March 3, 2026, the court dismissed the Mountain West and granted the CSU defendants' motion in part; the CSU Board's motion on the remaining Title IX claims was re-briefed in August 2026 and is still pending. Source

The lawsuit · Read the complaint (PDF) · Media alert

TestimonyColorado House State, Civic, Military and Veterans Affairs CommitteeCommittee hearing summary →

February 13, 2023 · Colorado House State, Civic, Military and Veterans Affairs Committee