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Pillen Exec. Order Defines Male and Female, Stonewall Caucus Responds

By Chase Porter Aug 30, 2023 | 6:09 PM

Wednesday, Nebraska Governor Jim Pillen signed an Executive Order establishing a “Women’s Bill of Rights.” Gov. Pillen is the second U.S. Governor to sign such an order, declaring the biological definition of male and female.

“It is common sense that men do not belong in women’s only spaces,” said Governor Pillen. “As Governor, it is my duty to protect our kids and women’s athletics, which means providing single-sex spaces for women’s sports, bathrooms, and changing rooms.”

The executive order establishes, for purposes of state government:

  • A person’s biological sex is defined at birth
  • The reasons for defining a person’s biological sex
  • Establishes guidelines for reporting of data

This executive order goes into effect immediately. The full executive order can be viewed here.

The subject of transgender student-athletes has been top of mind in Nebraska recently, with the hosting of the latest rally from former University of Kentucky swimmer Riley Gains who has fostered a media persona this year speaking out against the inclusion of transgender women in women’s sports.

Nebraska Stonewall Democrats, the official LGBTQIA+ caucus of the Nebraska Democratic Party, issued a statement Wednesday in response to the Governor’s newest executive order, saying the Governor, “abused his executive powers to unnecessarily attack the most marginalized Nebraskans under the guise of defending women.”

The statement issued via Facebook continued, “Pillen’s so-called “Women’s Bill of Rights” diverts focus from workplace protections, programs that support families, and abortion – the real pressing issues facing Nebraskan women – and chooses instead to set exclusionary and vague standards for participation in gendered spaces.”

Before Gains’ recent rally, transgender Nebraskans were a focal point this year, as lawmakers passionately debated and eventually passed the highly controversial “Let Them Grow” act, LB574, which outlawed transgender related health care for minors in the state.

The bill passed narrowly by a singular vote, cast by Omaha’s Democratic Senator Mike McDonnell… and Stonewall Dems Chair Michael Marcheck is not afraid to acknowledge the call was coming from inside the house.

“Thanks to Senator Mike McDonnell ‘s unconscionable support and passage of LB574, transgender youth face limited access to gender affirming treatments that mitigate the concerns about the advantages of testosterone puberty,” Marcheck wrote, pitching that Pillen’s new exec-order is meant to tee up the introduction of LB575, a.k.a. “The Sports and Spaces Act,” which prohibits transgender youth from participating on sports teams of their identified gender.

“Any senator, Republican or Democrat, that supports LB574, the executive order signed today, or LB575 should be formally admonished for violating the human rights of Nebraskans,” Marcheck concluded. Echoing recent calls for an intra-party rebuke of McDonnell, who towed the centrist line this session, voting along side Republicans on several decisive bills.

View the full statement from Nebraska Stonewall Democrats Chair Michael Marcheck here.