In a deeply divided vote on Tuesday, the Nebraska Legislature advanced LB89, the “Stand With Women Act,” a controversial bill that would limit transgender students’ access to bathrooms, locker rooms, and sports teams that align with their gender identity. After four hours of emotional debate on the Senate floor, lawmakers voted 33 to 16 to move the bill past its first round, exactly the number of votes needed to overcome a filibuster and bring it closer to the governor’s desk.
Introduced by State Senator Kathleen Kauth at the request of Governor Jim Pillen, the bill defines gender based on reproductive anatomy and mandates that schools, including public colleges, restrict access to sports and facilities based on those definitions. Proponents argue the bill is about protecting fairness in women’s sports and ensuring privacy in school settings. Opponents say the measure weaponizes pseudoscience and fear to target an already vulnerable group of young people.
“This is not a political issue,” Kauth insisted during Tuesday’s opening remarks. “It’s about biology and protecting women and girls.”
Supporters of the bill, including State Senator Loren Lippincott, echoed that sentiment, saying it’s about giving girls a fair shot at athletics. “LB89 ensures that a girl who trains relentlessly for her shotput throw or her 400-meter relay is not outmatched by a biological male’s inherent advantages,” Lippincott said.
But critics warned that the bill does far more harm than good, stigmatizing transgender youth, potentially encouraging public harassment, and ignoring the day-to-day realities of student life.
“This cannot be enforced,” said Senator Ashlei Spivey of Omaha. “And now we are going to have vigilantes deciding who is a woman or not, who is a man or not… further criminalizing people and putting lives at risk.”
Senator Megan Hunt, a longtime LGBTQ+ rights advocate, called the bill “a non-issue used to distract lawmakers from the real work Nebraskans need.” She added, “Feeling uneasy is not harm. That’s not danger. That’s not protection—it’s oppression.”
Last year, a similar bill also introduced by Kauth failed to pass. One of the senators who previously voted against it, Senator Merv Riepe, changed his stance Tuesday but issued a warning: unless his proposed amendment (AM1138) is adopted to limit the bill’s scope to athletics only, he may withdraw support in later rounds.
Outside the Capitol, voices of faith and civil rights echoed those of the senators opposing the bill. An open letter signed by 96 faith leaders from across Nebraska urged the Legislature to reject LB89. “Scripture calls us to love our neighbors, not legislate them out of public life,” said Reverend Debra McKnight, whose comments appeared in a full-page ad sponsored by the ACLU of Nebraska.
Trans advocates and allies expressed deep concern over the implications of the bill, particularly for youth mental health and safety. An 11-year-old transgender student testified earlier in the session about the harassment they’ve endured, just one of many stories highlighting the human cost of policies like LB89.
While the bill has cleared its first major hurdle, it must survive two more rounds of debate before becoming law. For transgender Nebraskans and their allies, the fight is far from over.
TransVitae will continue to cover developments on LB89 and the growing resistance against anti-trans legislation across the country.
