Nebraska joins 24 other states in barring transgender athletes from girls’ sports as Governor Jim Pillen signs the Stand With Women Act into law, sparking debate over fairness in athletics versus inclusivity for transgender youth.

At a Glance

• Governor Jim Pillen signed the Stand With Women Act, requiring K-12 and college athletes to compete on teams matching their sex at birth
• The law passed along party lines by a single vote after bathroom and locker room provisions were removed
• Fewer than 10 transgender students have participated in Nebraska school sports over the past decade
• State Sen. Kathleen Kauth plans to reintroduce bathroom and locker room restrictions next year
• The law takes effect September 3, 2023, with enforcement left to individual school districts

Nebraska Joins Growing Number of States Restricting Transgender Athletes

Nebraska Governor Jim Pillen signed Legislative Bill 89, known as the “Stand With Women Act,” on June 4, making Nebraska the 25th state to restrict transgender athletes from competing on women’s and girls’ sports teams. The new law requires student-athletes in public K-12 schools and colleges to compete on teams that match their biological sex at birth. Private schools must adopt similar policies if they compete against public institutions. The legislation defines “sex” based on reproductive biology and includes exceptions for coed sports or sports without a female equivalent.

The law passed the legislature after breaking a filibuster by a single vote along party lines. Under the new requirements, student-athletes must verify their sex at birth with a doctor’s note before participating in single-sex sports. All public school districts, community colleges, state colleges, and the University of Nebraska system must comply with the law, though enforcement mechanisms are left to individual districts. The legislation will take effect on September 3, 2023.

Female Athletes Rally Behind the Legislation

The bill signing ceremony featured several prominent female athletes who supported the legislation, including Riley Gaines, a former University of Kentucky swimmer who has become an outspoken advocate for women’s sports protections nationwide. Also present were Payton McNabb, a former high school athlete, and local college athletes Jordy Bahl and Rebekah Allick, who emphasized that their support wasn’t politically motivated but focused on defending what they view as biological reality in competitive sports.

“Men are men and women are women,” said State Senator Kathleen Kauth, who introduced the bill.

The original proposal included more controversial provisions that would have banned transgender students from using bathrooms and locker rooms corresponding with their gender identity. These sections were dropped to secure enough votes for passage. However, Senator Kauth has indicated her intention to reintroduce these measures in the next legislative session, stating at the signing ceremony, “The work is not done. We’re going to continue.”

Opposition and Impact Assessment

Critics of the legislation have raised concerns about its necessity and potential harm to transgender youth. According to reports, fewer than 10 transgender students have participated in school sports in Nebraska over the past decade. The American Civil Liberties Union of Nebraska criticized the ban, with Legal Director Mindy Rush Chipman arguing that it “slams the door shut” on transgender students’ full participation in school communities.

“This ban will only create problems, not solve any,” said Mindy Rush Chipman of the ACLU Nebraska.

State Senator Merv Riepe, whose support was crucial for the bill’s passage, emphasized that the final version “focuses on competition, not surveillance. It protects sports, not panic.” Riepe’s decision to support the legislation only after the bathroom provisions were removed highlights the political compromises made to pass the bill. OutNebraska, an advocacy organization, has provided support hotline numbers for those affected by the legislation, indicating ongoing community concerns about its impact on transgender youth.

National Context and Future Implications

Nebraska’s new law aligns with similar measures enacted in at least 24 other states across the country. The issue continues to be highly contested nationally, with proponents arguing such laws protect fair competition for women and girls in sports, while opponents view them as discriminatory. Governor Pillen has faced criticism for his comments during the legislative debate, but defended himself, stating he “never had a thought of promoting violence to any human being ever.”

With Senator Kauth’s stated intention to pursue additional legislation next year regarding bathroom and locker room access, the debate over transgender rights and policies in Nebraska schools appears far from settled. The implementation of the Stand With Women Act will be closely watched as schools develop their compliance procedures ahead of the September effective date, potentially setting precedents for how similar laws are enforced in other states.