Nebraska Drops New Ban on School Sports Law

Nebraska joined at least 24 other states with laws that restrict transgender athletes from competing on women’s and girls’ teams. The law requires student-athletes to compete on teams matching their gender at birth, with verification required via a doctor’s note. The measure passed after breaking a filibuster by one vote along party lines.

Nebraska Joins Growing List of States Restricting Transgender Athletes

On June 4, 2023, Nebraska Governor Jim Pillen signed Legislative Bill 89, known as the “Stand With Women Act,” which requires student-athletes in public K-12 and college sports to compete on teams that match their sex at birth. The law makes Nebraska the latest state to implement restrictions on transgender participation in women’s sports, joining at least 24 other states with similar legislation. The new regulations will take effect on September 3, 2023, three months after the conclusion of the legislative session.

The bill passed the Nebraska Legislature after breaking a filibuster by a single vote along party lines. Private schools that compete against public institutions must adopt similar policies, and all public school districts, community colleges, state colleges, and University of Nebraska campuses are required to comply with the new regulations. The law defines “sex” based on reproductive systems and restricts public school sports to sex at birth, with exceptions for coed sports or sports without a female equivalent.

Details of the Stand With Women Act

Under the new law, student-athletes must verify their sex at birth with a doctor’s note before participating in single-sex sports. The legislation focuses specifically on athletics, as an earlier version that included restrictions on bathroom and locker room use was modified to secure passage. The enforcement of the law will be left to individual school districts rather than being managed at the state level. The original proposal faced opposition until certain provisions were removed.

“LB 89, as amended, respects that line. It focuses on competition, not surveillance. It protects sports, not panic,” said State Sen. Merv Riepe, who supported the bill after the bathroom and locker room provisions were removed.

According to reports, fewer than 10 transgender students have participated in school sports in Nebraska over the past decade. Despite this small number, proponents of the bill argued that the legislation was necessary to protect fair competition for women and girls in sports throughout the state’s educational system.

Support and Opposition

The bill signing ceremony was attended by lawmakers, women athletes, and advocates, including Riley Gaines, a former collegiate swimmer who has become a prominent voice in the debate over transgender participation in women’s sports. Local college athletes Jordy Bahl and Rebekah Allick also supported the bill, emphasizing that their stance was about defending fairness in competition rather than politics.

“Men are men and women are women,” stated Sen. Kathleen Kauth, who introduced the bill and has already announced plans to reintroduce the bathroom and locker room ban in the next legislative session.

Opposition to the law came from several organizations and lawmakers. The American Civil Liberties Union of Nebraska criticized the ban, with Executive Director Mindy Rush Chipman stating it “slams the door shut” on transgender students’ ability to fully participate in school communities. State Senator Megan Hunt and advocacy group OutNebraska also voiced concerns about the potential harm to transgender youth. In response to the legislation, OutNebraska provided support hotline numbers for those affected by the new law.

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