A Nebraska legislative committee has advanced a bill that would define “male” and “female” in state law, impacting student-athlete participation and bathroom use based on sex at birth. The Government, Military, and Veterans Affairs Committee approved Legislative Bill 89, known as the “Stand With Women Act,” in a five-to-three vote along party lines. Introduced by Senator Kathleen Kauth of Omaha at the request of Governor Jim Pillen, the bill aligns with executive orders from President Donald Trump and Governor Pillen that seek to define sex in a binary manner for athletics, school restrooms, and state agencies.
Under LB 89, student-athletes at public and private schools competing against public schools would be required to verify their sex through a signed document from a doctor. Female students could compete in male sports only if no female alternative exists, such as football or wrestling. The bill also mandates that public schools and universities designate restrooms and locker rooms by sex, with options for single-occupancy and family-use facilities. An amendment removed provisions that would have applied the same rule to state agencies but still requires agencies like the Nebraska DMV and Department of Health and Human Services to define sex as strictly male or female.
Opposition from Democratic senators John Cavanaugh, Dunixi Guereca, and Megan Hunt centered on concerns that the bill oversimplifies gender identity and imposes unnecessary government oversight. Supporters, including Senators Bob Andersen and Rita Sanders, argue that the bill protects women’s privacy and upholds the integrity of Title IX protections. The bill now heads to the full Legislature for debate, but it will need thirty-three votes to advance. Some Republicans, including Senator Merv Riepe of Ralston, have expressed hesitation, citing existing policies by the Nebraska School Activities Association (NSAA) and NCAA that already enforce similar regulations.
Kauth has made LB 89 her priority bill for the 2025 session, ensuring it will be debated this year. However, with contentious legislation requiring a supermajority to pass, its fate remains uncertain. If it falls short, Kauth has vowed to reintroduce the proposal in the future.
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