Colorado's Proposition 134 continued to lead in preliminary election results Thursday, Nov. 5, with about 52.7% of voters supporting the measure and 47.3% opposing it.
The latest reported tally showed 1,231,492 yes votes and 1,106,924 no votes, according to the New York Times' Colorado election results tracker. Ballotpedia showed 88% of precincts reporting in its Nov. 5 update. The results remain unofficial pending certification.
The Associated Press results tracker and Colorado's official Election Night Reporting system are additional sources for following the count.
If approved, Proposition 134 would require public and private schools and colleges in Colorado to designate school-sponsored athletic teams as male, female or co-ed and restrict student participation based on biological sex. The requirements would affect districts including Cherry Creek School District and Littleton Public Schools.
The measure's statutory text sets an effective date of Jan. 1, 2027.
What Proposition 134 would require
Under Proposition 134, every school-sponsored interscholastic or intramural athletic team would have to be designated male, female or co-ed.
Students classified as male under the measure could not participate on female teams. Students classified as female could not participate on male teams unless the school does not offer a corresponding female team in that sport. Students could participate on co-ed teams.
The measure applies to public and private K-12 schools and colleges, Chalkbeat reported. It does not apply to youth sports offered through private clubs or leagues.
Each school's governing body would be required to adopt a policy implementing the rules. The Colorado Department of Education would enforce the law in public K-12 schools. Chalkbeat reported that the measure does not establish an enforcement mechanism for colleges, universities or private K-12 schools.
The ballot language does not specify how schools should verify a student's biological sex. Erin Lee, co-founder of the advocacy group Protect Kids Colorado, told Chalkbeat before the election that students could provide a doctor's note or undergo cheek-swab DNA testing, which can cost hundreds of dollars.
Supporters and opponents respond
Jennifer Sey, who helped lead the campaign for Proposition 134, described the measure's apparent support as a watershed moment, according to Chalkbeat.
"In a deep blue state, with a deep blue election wave, the voters said: Protect girls' sports," Sey said.
Nadine Bridges, executive director of the LGBTQ advocacy group One Colorado, said on election night that she had not given up hope and would wait for additional ballots to be counted. If the measure passes, Bridges said advocates plan extensive legal analysis to find any path forward for transgender students who want to play on teams aligned with their gender identity.
"We're going to exhaust all possibilities to ensure that our young people can be involved in what they want to be," Bridges said.
What it could mean for Cherry Creek and Littleton schools
Neither Cherry Creek School District nor Littleton Public Schools had issued public statements on implementation plans as of Wednesday, Nov. 4.
Colorado schools had different policies before the election. Some allowed transgender students to play on teams matching their gender identity, while others already prohibited the practice, according to Chalkbeat.
The Colorado Sun reported that the measure would affect transgender athletes from kindergarten through college at schools or sports associations receiving state funding. It would also replace the existing evaluation process used by the Colorado High School Activities Association to determine whether transgender students could compete on teams matching their gender identity.
The Colorado High School Activities Association does not track how many transgender athletes participate in high school sports, The Colorado Sun reported.
Proposition 134 is a statutory measure, meaning it would change state law rather than the Colorado Constitution. It needed a simple majority to pass. Because it is statutory, the state Legislature could later amend or repeal it.
The election results remain preliminary. The measure's final outcome will depend on the remaining ballots and official certification.
