One of the most controversial legislative proposals of the year is headed to the floor of the Nebraska Legislature next week. Lawmakers will begin debate Tuesday afternoon on Legislative Bill 89, a measure that would restrict transgender individuals from using school bathrooms, locker rooms, or joining sports teams that do not align with the sex they were assigned at birth.
Speaker of the Legislature Sen. John Arch of La Vista announced Wednesday that debate on the bill will begin at 3:00 p.m. on Tuesday, with a vote to potentially end a filibuster expected around 7:00 p.m. Progressives in the Legislature have already filed motions to block the bill, which would require 33 votes to overcome the filibuster.
Introduced by Sen. Kathleen Kauth of Omaha, LB89—also known as the “Stand With Women Act”—would establish legal definitions of male and female based on reproductive anatomy. It would bar public K-12 schools and colleges from allowing students access to bathrooms or locker rooms that do not match their biological sex and restrict participation in school sports teams based on the same criteria. Transgender girls and women would be prohibited from competing on female sports teams at the middle school, high school, and collegiate levels.
The bill echoes a 2023 executive order from Governor Jim Pillen and is backed by the governor and several conservative former Husker athletes. However, it’s unclear whether it has enough support to overcome a filibuster. A similar proposal last year fell just two votes short, with Sens. Tom Brandt and Merv Riepe among the Republicans who opposed it—both still serve in the Legislature.
The bill has drawn significant public attention and opposition. More than 100 people testified against it during a more than 10-hour public hearing in February, and over 1,500 written comments were submitted in opposition. The Government, Military and Veterans Affairs Committee advanced the bill to the full Legislature on a 5-3 party-line vote.
Arch previously indicated that only bills deemed essential—such as those involving federal funding or core government services—would be prioritized as the session winds down. Tuesday’s debate will take place on Day 65 of the 90-day session.
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