A revived effort to restrict transgender Nebraskan to state owned bathrooms and sports teams based on their sex assigned at birth was the subject of a 10+ hour committee hearing on Friday.
Legislative Bill 89 — dubbed the Stand With Women Act — enshrines in law that “male-female” and “boy-girl” is defined by a persons production of sperm and ova. Or simply, a persons biological sex or sex assigned at birth. Under the bill, all state agency buildings and schools (public, private, denominational, or parochial) would be required to enforce this definition when designating restrooms and locker rooms, which must be marked for “females” or “males.”
Additionally, the bill mandates that agencies and schools apply this definition of biological sex when creating policies, enforcing rules, and resolving disputes. Transgender students participating in sports would be required to compete on teams aligned with their sex assigned at birth.
Sen. Kathleen Kauth of Omaha testifies on Feb. 7, 2025, in support of her bill, LB 89. (Courtesy: Unicameral Update)
Introduced by Senator Kathleen Kauth of West Omaha at the request of Governor Jim Pillen, LB 89 was presented in the Government, Military, and Veterans Affairs Committee. During the hearing, Kauth proposed an amendment refining the bill’s definition of biological sex to include reproductive systems that are capable of producing sperm or ova, even if they cannot due to a birth defect or an “intentional or unintentional disruption.”
Under Kauth’s amendment, the bill would apply to private schools only if the school’s students or teams compete against a public school in an interscholastic or intramural sport or the school is a member of an athletic association.
LB 89 shares a resemblance and expands a failed effort from 2024, the Sports and Spaces Act (LB 575), which was defeated last April by a two vote margin. The bills are essentially the same, except LB 575 only applied to K-12 schools, not postsecondary, and defined gender by chromosome composition (XX/XY), not sperm/ova production.
Starting at 1:30 p.m. — public testimony in committee wrapped up just before midnight. Each testifier was given 3 minutes to speak, more if questioned by lawmakers.
Just before the committee hearing began, Nebraska’s American Civil Liberties Union (ACLU) chapter organized a press conference with several opposing groups in the capitol rotunda. Among them: Women’s Fund of Omaha, OutNebraska, and Rainbow Parents of Nebraska. Also in attendance were seven state senators, the President of the Omaha Public Schools Board of Education Jane Erdenberger, and two former student athletes.
“Excluding trans individuals has nothing to do with, ‘protecting women and their safety.’ In fact, sexual violence impacts the LGBTQ+ community at significantly higher rates, and LGBTQ+ youth are seven times more likely to experience sexual violence,” said Women’s Fund of Omaha Executive Director Jo Giles. “If lawmakers are really interested in policies that actually support women, let’s talk about pay equity. Regardless of industry, in our state, women are making less than men. Let’s talk about affordable housing, child care, health care and access to food.”
In a potentially historic move, Erdenberger said the OPS board opposes LB 89 — making it the first local school board to take a stance against legislation restricting access for transgender students. The Lincoln Public Schools Board, the state’s second-largest school board, and the Nebraska School Activities Association (NSAA) have stated that transgender student situations are handled on a case-by-case basis.
“It’s not about us, it’s about — call your school board members and ask them if your school board has taken a position against LB89,” said Erdenberger, in response to cheers from the crowd. “Our vision is: Every student. Every day. Prepared for success… and every student means every student. If they’re there to learn, we’re there to welcome and teach. LB 89 interferes with our ability to do that.”
Whether LB 89 would impact a single college student-athlete Nebraska remains unclear — if not dubious. Out of over 500,000 student-athletes attending National Collegiate Athletic Association (NCAA) schools, fewer than 10 are transgender, NCAA President Charlie Baker said during a congressional hearing in December.
Ashlei Spivey District 13. Legislature – 2025 Incoming Senators. November 20, 2024. Photo by Craig Chandler / University Communication.
Sen. Ashlei Spivey of North Omaha said she was disappointed in fellow lawmakers and the Governors Office for focusing their legislative energy on this effort, as opposed to issues like the state’s ~$500 million budget deficit, for example.
“We keep having the same type of conversation,” Spivey said. “It’s not just this. All of what we are seeing is interconnected. From the attacks on Diversity, Equity, and Inclusion (DEI), saying that we can’t celebrate Black History Month, to telling state agencies to act like Immigration and Customs Enforcement (ICE) and that we are going to try to remove our neighbors and community members from our state. Like, this is insane. This is ridiculous… we’re going to make it clear that LB89 and other pieces of legislation like this will not be tolerated here in Nebraska.”
Former student-athletes Emma Haith (Burke High School, UNL) and Dahly Long (Omaha Central High School, University of Nebraska at Omaha) spoke against the bill — offering a counterpoint to Husker athletes Jordy Bahl, a softball pitcher, and Rebekah Allick, a volleyball middle blocker, who voiced strong support for LB 89 when it was introduced by Governor Jim Pillen in January. Bahl and Allick cited faith-based opposition to the inclusion of transgender athletes.
“The reality is there’s no credible evidence that transgender athletes are a threat to women’s sports. However, there is overwhelming evidence that exclusion harms transgender youth,” said Haith and Long, citing data from the Trevor Project.
During the hearing, Kauth said LB 89 is necessary to uphold Title IX — the 1972 civil rights law that prohibits sex-based discrimination in education programs or activities that receive federal funding — by ensuring that women and girls can compete fairly in their chosen sports. More than 75% of Nebraskans support “sex segregation” in sports, she claimed, and LB89 would reflect the will of the majority of the state’s residents and recent national trends.
To the extent that it could be researched, specific polling on Nebraskans’ support for sex segregation in sports could not be found. However, polling commissioned by the conservative think tank Parents Defending Education (PDE) indicates that 62% of parents “strongly oppose biological males who identify as females being allowed to participate on girls’ sports teams,” while 16% “somewhat oppose.” The firm combines these figures to report”78% total opposition.”
Despite originating from a politicized research group — one known for “anti-woke” policy campaigns, once even flagging Lincoln Public Schools on an “indoctrination map”— their polling results align somewhat with a 2023 Gallup poll, which found that 69% of Americans believe transgender athletes should compete based on their sex assigned at birth. However, a 2023 University of Michigan poll suggests that consensus weakens among younger demographics. Meanwhile, a 2022 Pew Research study found that while most Americans support protections against discrimination for transgender people, fewer endorse policies related to medical care for gender transitions.
“This is something that is needed, this is something that is wanted and, unfortunately, it is something that is often silenced,” Kauth said.
By the end of the night, about 20 people had spoken in favor of LB 89, including Gov. Pillen, who called it a reflection of “commonsense Nebraska values,” adding that the legislation would build on his 2023 executive order which declared a biological definition of male and female.
“The highest calling of government is to keep us safe, to keep all of our citizens safe,” Pillen said.
Gov. Pillen testifies in support of LB 89, Feb. 7, 2025. (Courtesy: Office of Governor Jim Pillen)
The assertion that letting transgender people use public facilities that align with their gender identity increases the risk of harassment or assault is controversial, and arguably unfounded. A 2018 study from the Williams Institute at UCLA School said there is no evidence of this claim.
More than 100 people spoke in opposition to LB 89, many who are transgender themselves. Many cisgender parents, friends, and relatives of the trans community also spoke.
Committee Chair Sen. Rita Sanders was thanked by testifiers for her accommodating approach during the hearing. However, Sanders had already signaled her support for the proposal by participating in the governor’s January press conference promoting the bill.
As public comment closed, Sanders listed the online comment submission numbers, reporting 171 proponents, 1,547 opponents, and one comment made in the neutral.
The committee took no immediate action on LB 89.