Nebraska lawmakers unexpectedly shelved a bill aimed at addressing antisemitism Friday, after a female lawmaker accused the bill’s sponsor of making a sexually inappropriate remark during floor debate.
The bill, LB538, introduced by Sen. Brian Hardin of Gering, would require K-12 districts and public colleges in Nebraska to adopt specific anti-discrimination policies addressing antisemitism, mandate training and reporting, and create Title VI coordinator roles at the state level to monitor complaints and enforce compliance. Sen. Rita Sanders of Bellevue designated LB538 as her priority bill for 2026.
Senator Brian Hardin of Gering – District 48 (Photo: Nebraska Unicameral Information Office)
While lawmakers generally characterized the bill as non-controversial, debate primarily centered around competing definitions of antisemitism. Under the bill, schools would adopt the working definition established by the International Holocaust Remembrance Alliance (IHRA):
“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
The IHRA provides 11 “illustrative” examples of antisemitism, 7 of which relate to criticism of the state of Israel. The definition does specify: “Manifestations might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic.”
The bill also states that it should not infringe on First Amendment rights or conflict with existing law.
Competing Definitions
Similar to the bill’s first round of debate last week, debate swirled around possible infringements on freedom of speech to criticize Israel.
In September 2025, a report authored by an independent United Nations commission found that Israel has committed genocide against Palestinians in the Gaza Strip. The International Criminal Court (ICC) issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of committing war crimes and crimes against humanity, including starvation as a method of warfare, willfully causing great suffering, murder, and persecution.
Senator Megan Hunt of Omaha – District 8 (Photo: Nebraska Unicameral Information Office)
Seeking to protect free speech criticisms of Israel, Sen. Megan Hunt of Omaha introduced an amendment seeking to replace the IHRA definition with one put forth by the Jerusalem Declaration of Antisemitism (JDA):
“Antisemitism is discrimination, prejudice, hostility or violence against Jews as Jews (or Jewish institutions as Jewish).”
Hunt said this definition was more “precise” and retains protections for Jewish residents, while avoiding the conflation of antisemitism with criticism of the Israeli government.
“I agree with Senator Hardin that antisemitism is real and rising. Jewish Nebraskans deserve protection and safety,” Hunt said. “The problem is that the IHRA examples are very broad, politically loaded and controversial, open to interpretation, and that definition has been frequently used around the country to chill political speech.”
Dozens of universities across the world have adopted the IHRA definition, as have several U.S. state legislatures, including Virginia. Last October, students threatened to sue George Mason University in Virginia after the school cited the IHRA definition of antisemitism it recently adopted to demand the removal of a social media post.
Hunt said her definition would mitigate risks of litigation and avoid the appearance of viewpoint discrimination, while still protecting Jewish residents in statute.
Hardin said the JDA definition “makes special consideration for Palestine that is the antithesis of what is at the heart of the IHRA.”
Hunt’s amendment failed 8-26, with 11 lawmakers present not voting. The vote was generally along party lines in the technically non-partisan Unicameral. Some conservative lawmakers criticized Hardin’s bill as amounting to an “unfunded mandate” due to training requirements for educators.
Sen. Terrell McKinney of Omaha criticized the bill for not including similar provisions for anti-blackness and anti-indigenous discrimination. Senators Victor Rountree and George Dungan echoed McKinney’s critique.
Alleged Inappropriate Remark
Senator Machaela Cavanaugh of Omaha – District 6 (Photo: Nebraska Unicameral Information Office)
Following the passage of a different amendment to the bill, Sen. Machaela Cavanaugh of Omaha motioned to recommit the bill to committee.
“I’ve made a decision, we’re going to stay on this till we adjourn today,” Cavanaugh said. “Not because of the contents of the bill, but because of the character of the introducer.”
During debate, Hunt said she had approached Hardin off-mic to ask if her amendment was “a non-starter.” According to Hunt, Hardin “looking me in the eye and said ‘You’re a non-starter.'”
Hunt said she asked if he’d support the motion if another lawmaker introduced it, to which Hunt said Hardin “looked me in eyes and said ‘You are really, really wet.”
“Excuse me?” Hunt replied.
According to Hunt, Hardin said, “When you bring the thunder, you got to be ready to get really wet.”
Hardin had apparently left the floor as Hunt recounted the exchange.
“I would like to ask him if he’s in the habit of saying things like that to women?” Hunt said, calling his comment “foul” and “embarrassing.”
Cavanaugh followed by saying Hardin’s comments do not fall under “protected speech” because it was not on the microphone. She contrasted this with lewd comments made on-mic in 2024 by then-Sen. Steve Halloran. Cavanaugh called Hardin’s comment “sexual harassment in the workplace,” which allegedly occurred in front of other legislative staff.
Speaking with the Nebraska Examiner, Hardin disputed Hunt’s characterization of their conversation.
“I said that you called down the thunder, regarding the context of the bill, and when it rains, it pours, and she says, ‘You’re saying that I’m going to get wet,’” Hardin told the Examiner. “I said, ‘When it rains, it pours.’ … She twisted that into something else, because that’s her MO.”
Hunt maintains her original description of the exchange.
Passed Over
Cavanaugh said the Legislature’s Executive Board, which oversees employment matters in the body, “has a responsibility to open an investigation into Senator Hardin’s actions and words.”
“We are not moving forward a bill about protections against discrimination, with the person who introduced it sexually harassing our colleague while she is trying to have a work conversation with him in front staffers on the floor of this legislature,” Cavanaugh said. “No one should be treated this way in the workplace. No one.”
“The words that were said were not just inappropriate, but completely awful,” Sen. Dungan added. Sen. Margo Juarez of Omaha also condemned Hardin’s alleged comment.
Sen. Dan Lonowski of Hastings attempted to bring the conversation back to the bill at hand, referencing support it received during a committee hearing.
But after over two hours of debate, the clerk announced, after speaking with Hardin and Speaker of the Legislature John Arch, the body would pass over LB538 at Hardin’s request. The body immediately moved to the next item on the day’s agenda.
On social media, Hunt addressed the incident, saying “This “thunder/wet” thing is not a saying. That is not a folksy colloquialism. I believe it was a deliberate attempt to bully/harass me but I am NOT the one… He said other rude weird sh*t to me too but that was the most inappropriate part.”
At this time, it is unknown whether Hardin’s bill will be rescheduled this session or whether the Exec. Board will investigate his alleged comment.