Nebraska lawmakers have been embroiled in a contentious battle over bills related to gender-affirming care and transgender rights. Last year, a bill seeking to ban gender-affirming care for minors caused a near standstill in the Legislature, with Sen. Machaela Cavanaugh leading a filibuster to try to defeat the measure. This year, a companion bill introduced by Republican Sen. Kathleen Kauth, known as Legislative Bill 575, aims to restrict transgender students’ access to bathrooms, locker rooms, and sports teams based on the gender they were assigned at birth. Despite objections from Cavanaugh, the bill was voted out of committee and will be debated in the Legislature.
Kauth, who was also the author of last year’s gender-affirming restrictions, has made LB575 her priority for this session. The bill has received support from the state’s Republican attorney general, who issued an opinion stating that it does not violate the U.S. Constitution’s guarantee of equal protection under the law. However, critics like Cavanaugh have accused their Republican counterparts of pushing divisive bills and interfering in personal matters that should be left to individuals and their families. The debate over these bills has created tensions within the Legislature and raised concerns about the impact on transgender students and teachers.
A Pew Research Center poll released in February revealed that many K-12 teachers feel the national debate over what schools should teach related to sexual orientation, gender identity, and race has had a negative impact on their ability to do their job. The poll also showed that a majority of teachers believe they do not have enough influence over the curriculum in their schools and feel that state governments have too much control over education policy. These findings highlight the challenges faced by educators in navigating controversial issues like gender identity and inclusion in schools.
Despite objections from lawmakers like Cavanaugh, Sen. John Arch, the Speaker of the Nebraska Legislature, announced that Kauth’s bill would be debated for a limited time. Under normal legislative rules, bills are allowed eight hours of debate in the first round, but Arch decided to cut that time in half for bills he deems to be social wedge issues. Cavanaugh has vowed to continue filibustering bills that she believes are harmful to transgender individuals and their rights. As the debate over LB575 continues, tensions are likely to escalate within the Legislature as lawmakers grapple with balancing personal beliefs and public policy.
