Nebraska lawmakers to debate a bill on transgender students’ access to bathrooms and sports teams

Prohibit gender-affirming care

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The Nebraska Legislature faced significant delays last year due to opposition to a bill attempting to prohibit gender-affirming care for individuals under 19. This year, a related bill targeting transgender students’ bathroom and sports team access was strategically introduced late in the session to prevent a similar disruption.

Poses a threat

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However, this new bill still poses a threat to the passage of numerous pending bills as the legislative session nears its end, with only five days remaining.

Better than last year

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“I wanted this session to go better than last year,” said Omaha Sen. Machaela Cavanaugh, a Democrat in the state’s officially nonpartisan Legislature. “I refuse to let this happen without a cost. And that cost is time. Period.”

Lengthy filibuster

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Cavanaugh orchestrated a lengthy filibuster targeting nearly every bill, including those she supported, to derail the 2023 measure, which was modified to prohibit gender-affirming surgery for minors and impose strict regulations on gender-affirming medications and hormones for minors.

Bill passed

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Despite these efforts, the bill passed when a 12-week abortion ban was added to it and was subsequently signed into law by the governor. A legal challenge against this combined law is currently progressing through the judicial system.

Legislative Bill 575

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Another bill, Legislative Bill 575, known as the Sports and Spaces Act and proposed by Republican Senator Kathleen Kauth, was delayed for over a year before being approved by the committee.

Utilize facilities

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This bill aims to mandate that students utilize facilities and participate in sports teams based on the gender assigned to them at birth.

Cavanaugh’s threat

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Despite Cavanaugh’s threat to filibuster bills if LB575 is discussed, Kauth, the architect of last year’s gender-affirming restrictions, has designated LB575 as her main focus for this legislative session.

Significant endorsement

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Kauth received a significant endorsement this week when the state’s Republican attorney general stated that the bill aligns with the U.S. Constitution’s assurance of equal protection under the law.

No evidence

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“We find no evidence that LB575 has been introduced to single out and harm transgender students as opposed to protect the privacy of students and protect female athletic opportunity,” Attorney General Mike Hilgers wrote in the opinion.

Cavanaugh criticized

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Cavanaugh criticized her Republican colleagues for consistently introducing divisive bills on controversial topics and for being inconsistent in their stance on whether the government should respect individuals’ privacy or intervene excessively in citizens’ personal affairs.

Parents know best

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“If you agree with parents, then parents know best. If you disagree with parents, then you know best,” she said. “You all were fighting for local control this morning, and you want to take it away from schools this afternoon.”

Hindering

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A Pew Research Center poll found that 41% of K-12 teachers feel the national debate on school curriculum related to sexual orientation, gender identity, and race is hindering their work.

Lack influence

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Additionally, 71% of teachers believe they lack sufficient influence over school curricula, with 58% stating that state governments exert excessive control. Sen. John Arch of the Nebraska Legislature announced a shortened four-hour debate for Kauth’s bill, citing it as a social wedge issue.

Until 575 is dead

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Cavanaugh said, “Get ready to hear my recipes, my movie synopses and on and on. Until 575 is dead, that’s what we’re going to be doing.”